R -_ __
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4 Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
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October 9, 2007 c
ca cn 4.
David Ratner N)
120 Ely Way
Longmeadow, MA
Dear Mr. Ratner.
At its duly called meeting held on October 4, 2007, the Agawam Planning Board voted to
approve the Site Plan entitled: "Dave's Soda&Pet City, Agawam, MA 01001, Proposed Parking
Plan"prepared by Reinhardt Associates and dated September 4, 2007 with the following
conditions:
• The comments contained in the Engineering memo dated September 20, 2007 and
attached must be addressed.
• The two parking spaces located in the northeasterly portion of the site must be
eliminated to allow for through traffic and fire access.
A landscaping plan shall be submitted for the side slope and the frontage along
Springfield Street.
1f you have any questions, please contact the Planning Office at 786-0400, extension 283.
Si�n�ceA�=Hopkins,
rely,
Den Chairman
Agawam Planning Board
cc: Cle
Reinhardt Assoc.
Building
Engineering
File
A TOWN OF AGAWAM
F f, Department of Public Works
1000 Suffield Street - Agawam, MA 01001
Tel (413) 8210600 - Fax (413) 8210631
John P. Stone - Superintendent
. MEMORANDUM
To. Planning Board
CC: File
From: Engineering Department
Date: September 20, 2007
Subject: Site Plans— Dave's Soda and Pet City- Springfield Street—SP 518
Per your request, we have reviewed the Site Plan entitled "Dave's Soda and Pet City, Springfield Street,
Agawam.,MA;Prepared for: David Rattler,MA; Prepared by: Reinhardt Associates,430 mains Street,Agawam,
MA; Scale: I Inches=20 Feet;Dated. September 10, 2007,"and we have the following comments:
1, The plans should show where proposed paving will occur. Currently,the driveway to Springfield Street
has massy potholes that will need to be fixed if it will remain in use once the proposed stores are opened.
Engineering spoke with Reinhardt regarding this issue, It is the intention of the client to not repair the
driveway since it leads to an area off of their property. They would be willing to close the entrance if
needed.
2. A second drive aisle:should be added along the north side of the parking lot. The proposed striping for
the parking does not allow vehicles to enter or exit the proposed site from the north side. If the access
road mentioned in comment 1 is to remain in use,then cars will tend to drive over empty parking spaces
to access the site_ This may still if the driveway to Springfield Street is closed since drivers may wish to
access Walnut Street Extension from the curb cut near the Bank of America.
3. The following details should be added to the plans: access ramps,H.C. parking signs (for both cars and
van spaces), bituminous curbing, concrete walk and 4"concrete curb,bituminous paving detail, and a
light pole detail.
4. Since there will be no increase in impervious area, stormwater calculations are not required. However,
any new connections to the Town drainage system will require a Stormdrain Connection Permit with the
DPW_ This may be done after the site plan is approved.
5. The plans need to be stamped and signed by a Registered Professional Engineer.
6. It is recommended, but not required that a bike rack he added to the plans to provide a suitable location
for people to lock their bicycles.
Engineering reserves the right to make additional comments as new information is submitted. if you have any
questions please do not hesitate to contact this division.
Sincerely,
Vladimir Cdceres MichLel C. Chase, E.I.T.
Civil Engineer I Interim Town Engineer
.\�I`L,�IYi7,11'I:'�cISI).1.1N1)I'I;'I nir\n.cmin'mclniw.�li
AGAWAM PLANNING BOARD
May 4, 2006
EXECUTIVE SESSION
Attorney Vincent Gioscia, Associate Town Solicitor, was in attendance to update the Board
members on the Regal Homes Development Corp. vs. Richard Theroux and Laurel Placzek
matter. He stated that Regal Homes filed against Mr. Theroux,Town Clerk and Ms. Placzek,
Town Treasurer, a motion to compel to release the bond money that the Town secured on the
Camlann Wood subdivision. He stated that both Mr. Theroux and Ms. Placzek are unable to file
a counter-suit under the Performance Agreement. He stated that the Planning Board and Town of
Agawam can file a counter-suit against Regal Homes Development Corp. and Stephen DePalma
and John DePalma on violations of Performance Agreement. He stated that with the Board's
approval he will do so on the following: breach of contract; misrepresentation on restoration of
the buffer; misrepresentation on the letter sent in which they agree to make corrections/changes
to the drainage); and now the expense of the lawsuit. He stated he would also like to file a
motion to consolidate which is more a procedural/technical issue. That would ensure that the
same judge would hear the same cause of actions. Mr. Hopkins questioned whether this action
would expose the Planning Board to additional lawsuits on this matter. Mr. Morassi questioned
whether the former Board members that signed the Performance Agreement would be affected as
opposed to the current members. Attorney Gioscia stated that the current Board members are
successors and therefore would represent "the Planning Board".
Motion was made by Mr. Morassi and seconded by Ms. Baldwin to end the executive session.
ROLL CALL VOTE - 4-0-0
Motion was made by Mr. Morassi and seconded by Ms. Baldwin to authorize the Town Solicitor
to move forward on the litigation on the Camlann Wood subdivision.
VOTE 3-0-1 (Zini abstained)
ESOr14c E ("',dVrp- r�
(°0 #7ps 7.��
a� Town of Agawam
4� Nl
' 36 Main Street Agawam, Massachusetts 01001-1837
` Tel. 413-786-0400 Fax 413-786-9927
n
August 22, 2005
Jonathan Murray
Senior District Manager
Resource Control Composting, Inc.
600 New Ludlow Road
South Hadley, MA 01075
Dear Mr. Murray:
At its duly called meeting held on August 18, 2005, the Agawam Planning Board voted to approve
the Site Plan entitled: "Resource Control Composting, Inc., Agawam, Massachusetts"prepared by
Dufresne-Henry and dated June 2005 with the condition that comments contained in the Engineering
memo dated July 17, 2005 be addressed.
If you have any questions, please do not hesitate to contact the Planning Office at 786-0400,
extension 283.
Sincerely,
Dennis B. Hopkins, Chairman ~J.
AgawaYerk
anning Board
cc: -
Dufresne-Henry
Engineering "
File
CD
r.
r � r
TOWN OF AGAWAM
MEMORANDUM
To: Planning Board
CC: David Veleta—Dufesne-Henry, Bruce Leiter-- Springfield Water and Sewer Commission,
John Stone—DPW Supt., File
From: Engineering
Date: July 17, 2005
Subject: SP—462 "Site Plan—Resource Control Composting, Inc."
Per your request dated, June 27, 2005, we have reviewed the Site Plan entitled, "Site Plan—Resource
Control Composting, Inc"250 M Street Extension and we have the following comments:
1. Please add erosion and sediment control BMPs as needed to protect downstream drainage structures
during the construction phase. Inspections and maintenance of all proposed BMPs shall be
preformed by the contractor as necessary to address sedimentation on the site.
2. Please verify with the proposer that the proposed sanitary sewer alterations outlet directly to the
treatment plant facility for treatment and do not enter the Town of Agawam public sanitary system.
If you have any additions uestions please feel free to contact this division.
L -L lle,�
ohn G. Decker, E.I.T. Ge anne J.joyma/,P.E.
Civil Engineer I i T Engineer
SASP1462 Resouce Control Composting]nc%462 Me=02.doc
_ter,
Town of Agawam
T 36 Main Street Agawam, Massachusetts 01001-1837
z
MP Tel. 413-786-0400 Fax 413-786-9927
July 20,2006
Jeffrey G. Reynolds Realty Nominee Trust
581 River Road 2'h 1:�. ``
ZE
Agawam, MA 01001
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To Whom It May Concern:
a
At its duly called meeting held on July 20, 2006, the Agawam Planning Board voted to ap&vex
your plans under "Subdivision Control Law Not Required" for a parcel of land located o %ver,
Road. Plans drawn by Smith Associates Surveyors and dated June 2006.
Sincerely,
AWAM PLANNIN BOARD
R
Please be advised that failure to record the plan within six(6) months aced 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 Reynolds R.N.Trust and approved by
the Agawam Planning Board for a parcel of land located on River Road has been recorded at the
Hampden County Registry of Deeds. Book , Page
Signature of Applicant
4A D s�
y
A G A W A M P L A N N I N G H O A R D
36 Main Street
Agawam, Massachusetts 01001
_�. Tel . 413-7e6-0400 Ext . 245 -
�x
FORM A s 3
Application for Endorsement of Plan Believed Not to Reauiri A�krooval
. Cn�
FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND 04 AY Wes!
THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECT ON 11-8
Date:
TO THE PLANNING BOARD:
The undersigned , believing that the accompanying plan: of his property
in the Town of Agawam does not constitute a subdivision within ,the
meaning of the Subdivision Control Law, herewith submits said plan
for a determination and endorsement that Planning Board approval
under the Subdivision Control Law is not required.
1 . NAME OF APPLICANT V6*FFkeZ <77_ C ee T u5
Address
2. NAME OF SURVEYOR f►7`L � G V C OR,S
Address /Ips
3. DEED OF PROPERTY RECORDED IN 17 407 &A1 fib' t,5 x OF�e
Book /Sd3� Page
4 . LOCATION OF PROPERTY;
5-91 k i
STRee7'
5. DESCRIBE THE PROPOSAL IN THIS SUBMISSION:
`��zr s�r�2 �i9r2c L j�2 C'c�,vr�i,v»ut� S1, 8eos 57o4m-ee 7
Mew &let;-r s 5Itowk) �.i MgceLs &F A-Alb F A-5
ATTACHMENTS - TWO ORIGINALS AND THREE COPIES OF PLAN BY CERTIFIED
LAND SURVEYOR. THE PLANS WILL BE DISTRIBUTED AS FOLLOWS: 1 ORIGINAL
TO THE TOWN OF AGAWAM ENGINEERING DEPARTMENT, ONE ❑RIGINAL TO BE
RECORDED AT REGISTRY OF DEEDS BY THE APPLICANT, ONE COPY FOR THE
ASSESSORS OFFICE, ONE COPY FOR THE PLANNING BOARD OFFICE, AND ONE
CERTIFIED COPY FOR T UIL ING D PARTMENT.
Signature of OwnerQC.S2�.,] €� rV S
TS-e
Address c) a S �- -� a
Town
of Agawam
• ' 36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
a
May 19, 2005
Jeffrey Reynolds ca
581 River Road
Agawam, MA 01001
Dear Mr. Reynolds:
At its duly called meeting held on May 19, 2005,the Agawam Planning Board voted to approve
your plans under "Subdivision Control Law Not Required" for a parcel of land located on River
Road. Plans drawn by Smith Associates and dated April 2005.
Sincerely,
AGAWAM PLANNING
Please he a * ed that failure to record the plan within six(6) months and provide proof of
recording will negate the action of the Board Detach on dotted line and return to the Agawam
Planning Board, 36 Main Street, Agawam, MA 011 001.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
To Agawam Planning Board
Please be advised that the Form A plan that was filed by Reynolds and approved by the Agawam
Planning Board for a parcel of land located on River Road has been recorded at the Hampden
County Registry of Deeds. Book , Page
Signature of Applicant
RECEIVED
3 Pi; 3: 24
A G A W A M P L. A N N I N G YAK �-"R2QP5
36 Main StrefL"ING BOARD
'. Agawam . MaSsacnuset 5
Tel . 413-786-0400 Ext . 245
FORM A.
Application for Endorsement of Plan Believed Not to Require Approval
FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH
THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11—B
Date*. S-` -tag
�• TO THE PLANNING HOARD:
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 Lair is not required.
1 . NAME OF APPL I CANT JEEEY&� (Z fJ N QL,0 s
Address 5 t I 121V EYL_ rzoAffo A-(,Aw ISM
2. NAME OF SURVEYOR L S ' S + i r,- ^- Sr4 i T N A-ss oo4wr&S
Address 1619 SHAI,c�`Y�
3. ❑EED' OF PROPERTY RECORDED iN _ w�po e.s Cex�rr� 9e6l= bF OAS ^,
Bonk q�"12 Page
4.. LOCATION OF PROPERTY: ( SA-i iziV e-^- o,
5. DESCRIBE THE PROPOSAL IN THIS SUBMISSION:
TIR#�n�S N c� �3,a}cl b S•F O e 4^'n Prz o M G*1 CQ r�/iu o o s j
� �CArz-L=- osj) sick rz.%\jF-tz 2.arrD .
ATTACHMENTS - TWO ORIGINALS AND THREE C- PIES OF PLAN BY CERTIFIED
LAND SURVEYOR. THE PLANS WILL BE DISTRIBUTED A5 FOLLOWS: 1 ORIGINAL
TO THE TOWN OF AGAWAM ENGINEERING: DEPARTMENT, ONE ORIGINAL TO BE
RECORDED AT REGISTRY OF DEEDS BY THE APPLICANT, ONE COPY FOR THE
ASSESSORS OFFICE, ONE COPY FOR THE PLANNING BOARD OFFICE, AND ONE
CERTIFIED COPY FOR THE BUILDING DEPA TMENT.
Signature of Owner 440/0�v
Massachusetts Department of Environmental Protection
Dl;P File Number;
Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Violation Information
Important: This Enforcement Order is issued b
When filling out by:
forms on the Agawam December 27, 2005
computer, use Conservation Commission(Issuing Authority) _ Date
only the tab
key to move To:
your cursor-
do not use the .fames Ricco and Gary Nardi
return key. Name of Violator
28 Moylan Lane, Agawam _
Address
1. Location of Violation: _
ICI rw -.
Western Mass. Property Services
Property Owner(if different)
end of Wright Street
Street Address
Agawam 01001
Cityfrown Zip Code
K8 1116
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity(if more space is required, please attach a separate sheet):
Fill ing 1n or within 100'of a borderi ng vegetated wetland.
B. Findings
The Issuing Authority has determined that the activity described above is in violation of the Wetlands
Protection Act(M.G.L. c. 131, §40) and its Regulations (310 CMR 10.00), because:
❑ the activity has been/is being conducted without a valid Order of Conditions.
❑ the activity has beenlis being conducted in violation of the Order of Conditions issued to:
Name Dated
File NumtSer Condition number(s)
wpaform9a.doc•rev.7/14104 page 1 of 3
r
Massachusetts Department of Environmental Protection
DEP File Number.Bureau of Resource Protection -Wetlands
L11 WPA Form 9A - Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cunt.)
® Other(specify):
Filling of a wetland is in violation of the Massachusetts Wetlands Protection Act.
C. Order
The issuing authority hereby orders the following (check all that apply):
® The property owner, his agents, permittees, and all others shall immediately cease and desist
from the further activity affecting the Buffer Zone and/or wetland resource areas on this property.
❑ Wetland alterations resulting from said activity should be corrected and the site returned to its
original condition.
❑ Complete the attached Notice of Intent. The completed application and plans for all proposed
work as required by the Act and Regulations shall be filed with the Issuing Authority on or before
Date
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
® The property owner shall take the following action to prevent further violations of the Act:
Contact the Agawam Conservation Commission at 786-0400, ext. 246.
Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts
General Laws Chapter 131, Section 40 provides: Whoever violates any provision of this section (a)
shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not
more than two years, or both, such fine and imprisonment; or(b)shall be subject to a civil penalty not
to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing
violation shall constitute a separate offense.
wpaform9a.doc•rev,V14144 Page 2 of 3
OF
L1Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Appeals/Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
Henry Kozloski or Fred Harpin
Name
786-0400, ext. 246
Phone Number
Hours/Days Available
Issued by:
Agawam_ _
Conservation Commission
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission and ratified by majority of the members at the next scheduled meeting of the
Commission.
Signatures:
7004 0750 0003 0976 1056
Signature of delivery person or certified mail number
wpaform9a.doc•rev.7/141G4 Page 3 of 3
1_ 3 V-WtF" �i-
�
Massachusetts Department of Environmental Protection IEP File Number:
�- Bureau of Resource Protection - Wetlands
WPA Form l — Extension Permit for Orders of ConditionsJL��I yDEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Ty:.
ZE(-:
A. General Information CD
Important: -[3 3
When filling out 1. Applicant: 3---
forms on the
John Guiel
computer, use _ _ r
Name � a
only the tab key to move 107 Rid ewa Drive ��
9
your cursor- Mailing Address
do not use the Feeding Hills MA 01030
return key. City/Town Stale Zip Code
2. Property Owner(if different):
same
Name
isnm
Mailing Address
City/Town State Zip Code
B. Authorization
The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on:
9-22-05
Date Y
for work at:
Lot 3 Ridgeway Drive F12 4/22
Street Address Assessor's Map/Plat Number Parcel/Lot Number
recorded at the Registry of Deeds for:
Hampden_ _ 15394 240
County Book Page
Certificate(it registered land)
is hereby extended until:
September 22, 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):
Date
Issued by:
Agawam ,tune 26, 2008
Conservation Commission Date
wpaformTdoc•rev.3/1105 Page 1 of 3
Massachusetts Department of Environmental Protection DEP File Number:
-- Bureau of Resource Protection - Wetlands
WPA Form 7 --- Extension Permit for Orders of Conditions
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:
Henry t z ski Aeveno
Fr H hery Becker s
Notary Acknowledgement
Hampden
Commonwealth of Massachusetts County of
26th June 2008
On this Day of Month Year
Before me, the undersigned Notary Public, personally appeared
Henry_ Kozloski,� Jill Messick, Fred Harpin, Magda Galictsos ,
Name of Signer Sheryl Becker, Steven Douglas
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 Agawant Conservation Commission
CitylTown
5ignaturP of Notary Public
Printed Name of Notary F ublic
Place notary seal and/or any stamp above f �
My Commission E ires(Date)
wpaform7loc•rev.311105 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 87-0512
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Recording Confirmation
The applicant shall record this document in accordance with General Condition 8 of the Order of
Conditions(see below), complete the form attached to this Extension Permit, have it stamped by the
Registry of Deeds, and return it to the Conservation Commission.
Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of
work, to record the final Order(or in this case,the Extension Permit for the Order of Conditions)in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, it shall be noted in the Registry's Granter Index under
the name of the owner of the land upon which the proposed work is to be done. In the case of registered
land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is done.
Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the
Order of Conditions subject to this Extension Permit.
To:
Agawam
Conservation Commission
Please be advised that the Extension Permit to the Order of Conditions for the project at:
Lot 3 Ridgeway Drive 87-0512
Project Location mm DEP File Humber
has been recorded at the Registry of Deeds of.-
County
for:
Guiel
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
wpaferm7.doc•rev.3/V05 Page 3 of 3
A
TOWN OFAGAWAM
36 MAIN STREET
AGAWAM,, MA 01001
BOARD OF APPEALS
MEMO
Date: June 30, 2008
To: Building Inspector Planning Board Conservation Commission
DPW Superintendant Fire Chief Police Chief
Assessor Engineer Health Dept.
From: Board of Appeals
Subject: Case#1833
Please be advised that the Agawam Board of Appeals is in receipt of anew application.
Bill Scagliarini, who is seeking a Special Permit in accordance with Section 180-7, Paragraph B-2 of the Zoning
Ordinances,which would allow for the construction of a deck with less than the required side yard at the
premises identified as 90 Monroe Street.
Hearing date for both cases are scheduled for Monday August 11, 2008, starting at 6:45 P.M and will be held at
the Agawam Public Library Conference Room, 750 Cooper Street, Agawam, MA.
Plans are in the Board of Appeals office for your review. Please submit any knowledge, comments or
recommendations you may have concerning this application. If no information is received within thirty-five
(35) days from the date of this memo,we will assume there is no opposition.
Sincerely,
Doreen Prouty
Chairperson
DP jb
cc: 5 Board Members
Town Council
Town Solicitor
Mayor
'" 'P"""
9. Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
� A•�` Tel. 413-786-0400 Fax 413-786-9927
PLANNING BOARD
March 4, 2005
Daniel C. Rising, Sr.
958 Shoemaker Lane
Feeding Hills, MA 01030
Dear Mr. Rising:
At its duly called meeting held on March 3, 2005, the Agawam Planning Board approved the Site
Plan entitled"Site Plan - 521 River Road, Agawam, Massachusetts, for: Daniel C. Rising. Sr.",
prepared by D.L. Bean,Inc, and dated 10-15-2004,rev: 2-11-2005 with the condition that a
"Customer Parking" sign be installed on the side of the building where the current paved area is.
If you have any questions,please contact this office at 786-0400,extension 283.
Sincerely,
Dennis B. Hopkins, Chairman
AGAWAM PLANNING BOARD {
cc: Board of Appeals Attorney Bonavita
Building Dept. D.L. Bean, Inc.
Engineering
Town Clerk
Town Council
Fileco
r
4
BOARD OF APPEALS PUBLIC MEETING February I�nf)2
The following members attended the public meeting:
Doreen Prouty, Chairperson
Fred Harpin Vice Chairperson
Joseph Conte, Clerk
Gary Suffriti, Alternate
' Betty Manchino, Secretary
1. Six Flags New England Case# 1731
The Agawam Zoning Board of Appeals held a public hearing on February 14, 2005, at 6:30 P.NL,_
at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, Mom, foF;;,
all parties interested in the appeal of Six Flags New England, which is seeking a Variance Sm �- T
Section 180-49 of the Zoning Ordinances,which would allow for the construction of an
amusement ride which will exceed the height requirement at the premises identified as 1623
Main Street.
The members sitting on this case are Doreen Prouty, Chairperson, Fred Harpin, Vice Chairperson
and Joseph Conte, Clerk. The Chairperson opened the public hearing at 6:30 P.M. She read the
legal ad and explained the procedure that would be followed. To represent Six Flags New
England (Six Flags) was Mr. John Furman, VHB Project Manager and Melissa Pinkerton, Public
Relations for Six Flags. Mr. Furman requested to withdraw the Six Flags petition without
prejudice. Chairperson Prouty, made a motion to accept the withdrawal without prejudice, and it
was seconded by member Harpin. All were in favor, none opposed. The vote was unanimous:
Chairperson Prouty made a motion to close the public hearing at 6:44 P.M., and it was seconded
by member Harpin. All were in favor, none opposed.
2. Daniel C. Rising, Sr. Case# 1732
The Agawam Zoning Board of Appeals held a public hearing on February 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 Daniel C. Rising, Sr. who 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 521 River Road.
The members sitting on this case are Doreen Prouty, Chairperson, Fred Harpin, Vice Chairperson
and Joseph Conte, Clerk. The Chairperson opened the public hearing at 7:00 P.M. She read the
legal ad and explained the procedure that would be followed. Mr. Marc Schute from D.L. Bean
presented the plan for Mr. Rising's expansion.
Member Conte stated that the Board of Appeals can approve the non-conforming business
permit, but advised Mr. Rising that the Council is the body which approves the license. Member
Conte questioned the lighting;pd signage of this business. Mr. Rising said the lighting would
stay the same and that he'may put a small sign on the light pole. Mr. Rising was advised to
confirm with all building inspection requirements on signage.
U&S
February 14, 2005
Attorney Bonavita, representing Mr. Rising, stated that the petitioner went to the Planning Board
and their request was tabled because the Planning Board needed to see plans with exact
placement of vehicles. Member Conte stated that one the Board of Appeals establishes the
number of cars for this Special Permit, the Planning Board must abide by it. This non-
conforming business has taken all the avenues for the Board to be satisfied with the number of
additional cars. Only the Town Council can change their permit. Mr. Rising is requesting a
permit for twenty five(25) cars.
Gina Buonoconti, 507 River Road, the petitioners next door neighbor, spoke in favor of the
petition. Barry Parillo, 499 River Road, had a question on how aggressive this business would be
so to cause traffic concerns. Attorney Bonavita stated his type of business of ten to twenty-three
cars, would not cause any major traffic issue and that the City Council already approved the zone
change with a traffic study. Chairperson Prouty made a motion and it was seconded by member
Harpin to close the public hearing at 7:53 P.M. and go immediately into a public meeting. All
were in favor,none opposed.
The decision would include putting screening of eight foot (9) arborvitae trees on the neighbor's
side, lot 3, and should be planted within one year of the decision. The area allows for forty-two
(42) cars but it will be restricted to twenty-five (25) cars. Chairperson Prouty called for a vote to
approve this Special Permit, the result of which is as follows:
Doreen Prouty, Chairperson yes
Fred Harpin, Vice Chairperson yes
Joseph Conte,Clerk yes
Chairperson Prouty explained the 20 day appeal period and closed the meeting at 8:05 P.M.
3. Anthony Cirillo, Case#1733
The Agawam Zoning Board of Appeals held a public hearing on February 14, 2005, at 8:10 P.M.,
at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam,MA, for
all parties interested in the appeal of Anthony Cirillo, who is seeking a Special Permit in
accordance with Section 180-7 of the Zoning Ordinances, which would allow for a change in the
use of a non-conforming structure from residential to business at the premises identified as 1504-
1510 Main Street..
The members sitting on this case are Doreen Prouty, Chairperson, Fred Harpin,Vice Chairperson
and Joseph Conte, Clerk. The Chairperson opened the public hearing at 8:10 P.M. She read the
legal ad and explained the procedure that would be followed. Attorney Richard Sypek, of Ross
& Ross, represented Mr. Cirillo. His plans are to renovate the structure and convert it to an ice
cream, hot dog and hamburg business. The petitioner would be spending$50,000. to renovate
the property. He is asking-for a change of use in business zone, the footprints of the building
would not change,he is alter-i&the use.
Member Conte questioned why they were coming to the Board of Appeals for a change of use,
that maybe they need a variance and advised Attorney Sypek to contact the Town Solicitor.
Chairperson.Prouty advised the petitioner to go to Planning and Conservation Commission
before coming back to the Board on March 14, 2005.
Page 3 r, .t�31
February 14, 2005
Barbara O'Connor, 1492, 1496, 1486 Main Street, stated concerns over the property, traffic,
safety,health and esthetic uses. Susan Hezog,21 South Street,hopes that the property will be
cleaned up before any changes are made. Greg Dydek, 24 South Street, had traffic and
engineering issues with the project. Rick Sardella, 59 Chestnut Lane,has known Mr. Cirillo for
years. He is honest and sincere, and believes he will clean up the property. Through his
knowledge of Town business, he thought it necessary to go to Planning and Conservation and not
the Board of Appeals. He hoped everyone would expedite the process so he could open before
Six Flags. Mr. Cirillo would do everything to follow restrictions.
Mr. Cirillo reassured the neighbors he would do everything to clean up the area.
Chairperson Prouty made a motion and it was seconded by member Harpin to continue this
public hearing to March 14, 2005 at 6:00 P.M. All were in favor, none opposed.
4. A motion was made by Chairperson Prouty and seconded by member Harpin to approve the
minutes of December 13, 2004,with a couple of changes. All were in favor,none opposed.
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 Harpin to close the
meeting. All were in favor, none opposed. The meeting was closed at 8:56 P.M.
TOWN OF AGAWAM
36 MAINSTREET
AGA KAM, MA 01001
DECISION OF BOARD OF APPEALS r
r.
1:
Petition of: Daniel C. Rising, Sr.
Premises affected: 521 River Road cn
Date: February 14, 2005
Case P 1732
The Agawam Board of Appeals conducted a public hearing on February 14,2005, at the Library
Conference Room, Agawam Public Library, 750 Cooper Street,Agawam,MA, for all parties
interested in the appeal of Daniel C. Rising, Sr. who 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 521 River Road.
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 petitioner owns a used car business on the subject property.
3. The petitioner wishes to increase the number of cars to be sold on the subject property.
4. Section 180-44 (D) states "Body and fender work and the painting or selling of cars in or
out of doors is prohibited."
5. The petitioner's used car business has been in existence prior to the enactment of TOR
2004-7 which prohibits the selling of cars in a Business A district.
6. Section 180-7 (B) states a nonconforming use may be"altered or enlarged in that use,but
only after the granting of a permit thereof by the Board of Appeals; thus the request for
relief.
7. The deed presented includes an easement right to the "triangular parcel of land lying
southerly"to the subject property.
8. According to the rules and regulations of the licensing authority, 42 vehicles are allowed
on the subject property
9. There was no opposition expressed at the hearing nor received in writing by this Board.
10. The subject property is an appropriate location for such a use.
11. The proposed use as developed will not adversely affect the health, safety or property
values of the neighborhood.
12. There will be no nuisance or potential hazard to vehicle or pedestrian safety.
13. Adequate and appropriate facilities and controls will be provided for the proper and safe
operation of the proposed use.
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 charter of the
neighborhood.
{
Page 2
Daniel C. Rising, Sr.
Case #1732
Based on its findings,the Board is of the opinion that the requested relief is within the authority
of the Board of Appeals to grant a Special Permit in accordance with Section 180-7 of the Zoning
Ordinances.
Therefore,by a unanimous vote of its three members, the Zoning Board of Appeals hereby grants
the petitioner a Special Permit to allow for the expansion of a nonconforming use subject to the
following conditions:
1. The subject property is to be developed according to the plans submitted entitled"Daniel
C. Rising, Sr., last revision dated February 11, 2005, by Marc Shute, Professional Land
Surveyor of D.L. Bean, Inc."and signed by the members of this Board. This includes
revisions made at the February 14, 2005 hearing and noted on the plan.
2. The petitioner is allowed to display for sale up to twenty-five(25) automobiles.
3. A sufficient number of arborvitae must be planted between the subject property and Lot
#4 (as shown on plan) so as when fully mature will create an effective screening of the
subject property from Lot#4. This planting must occur within one (1) year from the date
of this decision.
4. The existing arborvitae to the rear must be properly maintained to continue its use as a
screening device of the subject property from the abutting properties.
5. Any changes to this plan must come back before this Board for approval,
6. All state and local building requirements must be met.
7. 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.
8. 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 21?-0,S Fred Harpin s h me 1�t r
-OWN OFAGAT!Y,AM
36 MAIN STREET
AGAWAM, AM 01001
BOARD OF APPE4LS
yr �
N
Case
EYled
Hearin
Application to Board of Appeals for SPECIAL FERMIS' as provided in the
Zoning and other By-laws.
Applicant Daniel C. Rising, Sr. Address 958 Shbemaker Lane - Agawam
Application is hereby made for CLU BE= as provided by
Section 180, Paragraph 7B. (2) of the Bylaw.
Premises affected are situated on River Street; U feet
distant from the corner of Leonard Street Street and known as street
number 521 �. Property is zoned as Business A
A Special Permit is requested for the alteration of a,nonconforming use.
1
1
Signature of owner or his authorized agent �
NOTICE: THIS APPLICATION MUST BE 1UL ED OUT IN rMC OR TYPE WRITTFjV
3008985 FRI76
iig, EEONARt P. RISIN,, SR. and ANITA B. RISING,, huSb-And and wife, both
'1 of Agawam, 1:ampdc-r. .Ma-'%WhU3Cft%
;i
for rnm11deer.►nn paid.
'nthewnumniuf said corsideration beirg meritorious rather than valuable
pant to r1AHIEL C. RISL37G, SR. of 958 Shoemaker Lare, Agawam,
Hampdet. C,3ur.ty, xassac} u&etts
with v►'arra>tr. ("ne"a"V6 all our right, title and interest in and to
Certain real estate situate in AGAWAM. Hampden County,
Massachusetts, bounded and described as follows:
SOUTH1-ASTERLY, by River Road, one hundred forty (140) feet;
NORTHWESTERLY, by Leonard street, one hundred ten (110) feet;
t
NORTHWESTERLY, by land now or formerly of Aitken, Inc. , in a
line parallel to said River Road, one hundred
forty (140) feet; and
SOU-rHWESTERLY, by other land of said Aitken, inc., in a line
parallel to said Leonard Street, one hundred
ten (110) feet.
r TOGETHER WITH the right to use for all {purposes for which public
streets are commonly used for ingress and egress to the parcel of
1 f land above described triangular parcel of land lying southerly of
the parcel above described, bounded and described as follows:
c SOUTHEASTERLY, by River Road, seventy--four (74) feet;
L NORTHEASTERLY, by the first parcel above-described, thirty
(30) feet; and
WESTERLY, by land of Aitken. Inc. , seventy-two and
H
451200 (72.45) feet.
SUBJECT To restrictions of record.
SUBJECT TO Easement rights granted [meted Electric Light Company
uruler instrument dated December 25, 1941 recorded in #ampden !County
Registry of Deeds in book 1731, Page 355.
wing the some promises conveyed to the grantors and grantee herein
by deed of Francis T. Vining dated March 13, 1985 and recorded in
Hampden County Registry of Deeds in Boot. 5775, Page 19.
Q 1
i
HAMPDEN ti4:•IPTIY OF DEEDS
AND IT IS SO GER;TiFIED
BOOK 2 g PAGE
ATTEST:
REGISTER
Town of Agawam
Assessor's Office
36 Main Street, Agawam, Massachusetts 01001-1837
Tel. 413 -786-0400 x 258 Fax 413 - 786-9927
Email: assessor@agawam.ma.us
December 3, 2004
Mr.Marc E. Shute
D.L. bean, Inc.
40 School Street
Westfield, MA 01085
Dear Mr. Shute:
RE:Abutters list for 521 River Rd. Agawam, MA(M8 1 4)
The attached abutters list for the above-named properly has been certified with 20 abutters.
If you have any questions,please call.
Sincerely yours,
Linda M. Morneau,MAA
Assessor
Page 1 of 4
-Town Of Ag4w, 4m
36 Main Street Agawaj%4 Ni chbsett 01001-1537
TeL 413-78000 ]C'ag.413-786-992,7._
DAT]E• 12-03-04
CERTIl+']fCA71ON OF ABUTTERS LIST
Speciel Permit - within 300'
PROPERTY LOCATION: _521. River Road
MAP# M8 BLOCK# 1 LOT# 4
CONTACT PERSON NAME: Marc E, :Shute, D.L. Bean, Inc.
CONTACT PERSON- ADDRESS 40 School Street
Westfield, MA 01085
CONTACT PERSON-PHONE NUMBER 562-7566 -
ABUITF L2S
Name : Ra and S.` & Lisa Guerette Map# M8 Block# 1 Lot## 10 Z
Address ofproperty : 26 Danny Lane - Agawam., MA 01001
Address of Owner:
NaMe: _ Nilay & Te j al Sankalia Mom# M8 Block# 1 Lot# 11 V
Address ofproperty : 16 Danny Lane - Agawam, MiA 01001_ _-
Address of Owner:
Page 2 of 4
ABUTTM
Nam : William H. Choinski & Natalia P. Clifton M8 Block# 3 Lot#1 L/
Address ofproperty: 293 Leonard Street ,- Agawam, MA. 01001
Address of Owner:
NaMe: Robert J. & Karen A. McTaggart M8 Bl 3 I,ot# 2
Map# Ock# ___-__
Address of property : _303 Leonard Street - Agawam. -MA O1 O1
Address of Owner:
Nam; Carolyn Groux gyp# M8 $job 2 Lot# 1
Address ofproperty : 313-Leonard Street- Agawam,MA 01001
Address of Owner:
Helen G. & .David F. McGrev MS 2 2 V/
Name: y Map# Block# Lat#
Address of property: 321 Leonard Street_- Agawam, MA 01001
Address of Owner:
Name: George & Lorraine G. Labun lip# M8 Block#_ 2 -Lot# 3
Address of property : -531 River Road_- Agawam,MA 01001
Address of Owner: 69 Oak Hill Avenue Agawam, MA 01001
Arthur J. & Kathleen M. Foley M8 2 4
Name:` _ y_ _ Map# Black# Lot#
Address ofproperty: _ - ' 541 River Road - Agawam, MA 01001
Address of Owner: P.O. Box 232 - Agawam, 'MA 01001-0232
Page __.3.- of 4
ABUTTERS
Name : Mary Cambell & Joanne Hutchinson _ _Map# M8 BloCU 2 Lot* 5
Address ofproperty : 555 River Road - Agawam; MA 01001
Address of Owner:
Edward S. & Delores A. Nacewicz M8 2 6
Name: Mao Block# Lot#
Address of property : 21 Warren Street - Agawam, MA 01001
Address of Owner:
William G. & Irma A. Clam it M8 7
Name: P Map# Block# 2 Lot#.
Address of property : 26 Dyotte Street - Agawam, MA 01001
Address ofOwneer:
Name- Michael J. & Sharen A. Harris gyp# M8 Block# 3 Lot#
3 t
Address of property: 17 Dvotte Street - Agawam, MA 01001
Address of Owner:
Name: Michael P & Laura H. Graveline p#Nf a M8 Block# 1 Lv t# 8
Address ofproperty : 46 Danny Lane -- Agawam, MA 01001
Address of Owner:
Name: Bradley D. & Anne J. Wright Map# M8 Block-4 1 Lot# 9
Address of property-. 36 Danny Lane - Agawam, MA 01001
Address of Owner: — - -_
Page 4 of 4
ABUTTERS
Name ; Edyie M. & fames S. Sheridan Man# 8 Block# 1 Low 1
Address ofproperty: 491 River Road - awan; MA 01001-2872
Address of Owner:
Nam Barr V. & Cher l A. Perella M8 1 2
e• y- _ _ —_ - _ .. Neap# B1Ock# Lo
Address of property : 499 River Road - Agawam, MA 01001 ,
Address of Owner:
Name: Stephen P. & Gina M. Buoniconti Ma.P# M8 Block# I Lot# 3 L/Address of property - _ 507 River Road _ Agawam, MA_ 01001
Address ofOwner:
N Newton A. & Sharon L.D. Ward MS 1 5
Name- Map# Block#� Lot#
Address of property: 318 Leonard Street - Agawam, MA 01001
Address of Owner:
Name: _ Marcus L. &-Nancy- L. Kashmanian� Map# M8 Block# I Lot#` 5
Address of property 308�Leonard Street„- Agawam, MA 01001
Address of Owner:
Name: Roger W. & Susan S. Proulx MaP# MS Bloc 1 Lot# 7 L/
Address of property: 300 Leonard Street - Agawam, MA 01001
Address of Owner:
e
U
E r0#t?
_ Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands Q
WPA Form 2 — Determination of Applicabilityco
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C_..,
A. General Information
Important: rV
When filling out From: .
forms on the Agawam w f
only thetab use
Conservation Commission
y
key to move r
To: Applicant Property Owner (if different from applicant):
your cursor-
do not use the Joseph Glannetti same
return key. Name Name
1040 River Road
Mailing Address Mailing Address
Agawam MA 01001
City/Town State Zip Code Cityrrown State Zip Code
1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents:
Assessors plot plan 6110108
Title Date
Title Date
Title Date
2. Date Request Filed:
June 10, 2008
B. Determination
Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your'
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination
Project Description (if applicable):
construction of 8' x 9'shed on concrete pad
Project Location:
1040 River Road Agawam
Street Address Cityrrown
N 11 4/6
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.dec•rev.12H 5M Page 1 of 5
Massachusetts Department of Environmental Protection
-- Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination(s) islare applicable to the proposed site and/or project relative to the
Wetlands Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)has been
received from the issuing authority(i.e., Conservation Commission or the Department of
Environmental Protection).
❑ 1. The area described on the referenced plan(s)is an.area subject to protection under the Act.
Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced
plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this
Determination are binding as to 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
wpafoTnMoc•rev_1205f00 Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (coat.)
❑ .6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c.for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note; No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability,work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department.Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer zone_
® 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove,fill, dredge, or alter that area.Therefore, said work does not require the filing of a
Notice of Intent.
❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent. subject to the following conditions (if any).
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2_doc•rev.12/15100 Pege 3 e 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
cl pp Y
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cant.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of intent is required:
Exempt Activity(site applicable statuatorylregulatory provisions)
❑ G. The area and/or work described in the Request is not subject to review and approval by-.
Name of Municipality -
Pursuant to a municipal wetlands ordinance or bylaw.
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on ® by certified mail, return receipt requested on
June 30, 3008
Date Date
This Determination is valid for three years from the date of issuance(except Determinations for
Vegetation Management plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent
to the appropriate DEP Regional Office (see Appendix A) and the property owner(if different from the
applicant), F i--Signatures:
June 26 , 2008
Date
w9aform2.doc rev.12115100 Page 4 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office(see Appendix A)to issue a Superseding Determination.of Applicability. The
request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee
and Fee Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Form)as
provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. A
copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation
Commission and to the applicant if he/she is not the appellant. The request shall state clearly and
concisely the objections to the Determination which is being appealed. To the extent that the
Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands
Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction.
wpaform2.doc•rev.121iVN Page 5 09 5
a
w Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Emergency Certification Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Emergency Information
Important: I F Agawam Conservation Commission
Issuance When filling out Issuing Authority
forms on the 41 Richardson Place 1r
computer, use 1. Site Location:
only the tab a C
—C A
key to move 2 Reason for Emergency-
your cursor- y A r
do not use the flooding of home n
return key. 3
3. Applicant to perform work: Gar Guertin Excavatingkip
Ac
tiff cn�,
c-
4. Public agency to perform work or public agency ordering the work to be performed:
Conservation Commission
5. Date of Site Visit: Start Date: End Date*:
April 28, 2007 May 9, 2007 June 7, 2007
no later than 30 days from start date or 60 days in the
case of an Immediate Response Action approved by
DEP to address an oiUhazardous material release.
6. Work to be allowed*:
Installation of a 6"diameter perforated pipe along the base of footings encapsulated in an envelope of
3/4"crushed stone and exiting to rear of lot into stream bed.
" May not include work beyond that necessary to abate the emergency.
B. Signatures
Certified to be an Emergency by this Issuing Authority.
Si�C !�rman
natures:
., p May 7, 2007
d ignee) Date
A copy of this form must be provided to the appropriate DEP Regional Office.
WPA Emergency Certification Page 1 of 2
Rev.11101
IP
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Emergency Certification Farm
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions
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 Emergency Certification or subject to
enforcement action.
2, This Emergency Certification does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights,
3. This Emergency Certification does not relieve the applicant or any other person of the necessity of
complying with all other applicable federal, state, or local statutes,ordinances, bylaws, or regulations.
4. Any work conducted beyond that described above, and any work conducted beyond that necessary to
abate the emergency, shall require the filing of a Notice of Intent.
5. 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 Emergency Certification at
reasonable hours to evaluate compliance with this Certification, and may require the submittal of any
.data deemed necessary by the Conservation Commission or the Department for that evaluation.
6. This Emergency Certification shall apply to any contractor or any other person performing work
authorized under this Certification.
7. No work may be authorized beyond 30 days from the date of this certification without extension by the
Issuing Authority,
D. Special Conditions
A row of staked haybaies is to be placed at the top of the embankment to the intermittant stream. All
excess soil is to be removed from the site. Disturbed areas are to be loamed and seeded immediately
after work is completed. Haybales to be removed after a final site inspection by the Commission to
verify stabilization of ail disturbed areas. The Commission is to be notifed 24 hours in advance of this
working taking place so that a site inspection can be made the day the work begins, __
E. Appeals
The Department may, on its own motion or at the request of any person, review: an emergency
certification issued by a conservation commission and any work permitted thereunder; a denial by a
conservation commission of a request for emergency certification; or the failure by a conservation
commission to act within 24 hours of a request for emergency certification. Such review shall not
operate to stay the work permitted by the emergency certification unless the Department specifically so
orders. The Department's review shall be conducted within seven days of. issuance by a conservation
commission of the emergency certification; denial by a conservation commission of the emergency
certification; or failure by a conservation commission to act within 24 hours of a request for emergency
certification. If certification was improperly granted, or the work allowed thereunder is excessive or not
required to protect the health and safety of citizens of the Commonwealth the Department may revoke
the emergency certification, condition the work permitted thereunder, or take such other action as it
deems appropriate.
WPA Emergency CerOTcation Page 2 of 2
Rev.11101 - - -
f
Gary Excavatin
P.O Box 85
Ludlow, MA 01056
413-583-3846
FAX: 413-596-6531
April 29, 2007
Mr. &Mrs. Daniel Roberts
41 Richardson Drive
Agawam,MA 01001
Dear Mr. &Mrs. Roberts:
This letter is to describe the scope of work needed to resolve your drainage issues at your
residence at 41 Richardson Drive, Agawam,MA 0 100 1:
1. Work will be completed in accordance with The Town ofAgawarn Conservation
Commission's recommendations for protecting wetlands.
2. The mission of the proposed project is to alleviate ground and surface water from
entering dwelling.
3. Install a b"diameter perforated pipe along the base of footings encapsulated in an
envelope of314" crushed stone and exiting to rear of lot into stream bed.
If there are any question please feel free call me at the above listed number or my cell phone at
413-531-3538.
Sincerely,
Gary L. Guertin, owner
Gary Guertin Excavating RELCMIVED
attachment: proposal MAY 0 3 2007
CONSERVATION
1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
L11
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General information
Important:
When filling out From:
forms on the A awam
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the David Robinson same
return key. Name _ Name
171 White Fax Road .
VQ Mailing Address Mailing Address
Feeding MA 01030
City/Town State Zip Code City/Town State Zip Code
1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents:
Sketch of Land at 171 White Fox Road 7/26/2004
Title Date
Title Date
Title Date
2. Date Request Filed:
April 27, 2006
B. Determination
Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Remove paver patio under existing deck and replace with concrete; construction 12'x 12' addition on
east side of existing home.
w
Project Location:
171 White Fox Road _ Feeding Hills
Street Address Citylrown
C5 4 - 18
Assessors Map/Plat Number Parc *Lot Number
wpaform2.doc•rev.12115M 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 (cunt.)
The following Determination(s) is/are applicable to the proposed site and/or project relative to the
Wetlands Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been
received from the issuing authority(i.e., Conservation Commission or the Department of
Environmental Protection),
❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act.
Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent.
❑ 2a.The boundary delineations of the following resource areas described on the referenced
plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this
Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its
regulations regarding such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plan(s)and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of intent.
❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent.
❑ 5. The area and/or work described on referenced plan(s)and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaform2.doc•rev.12115100 page 2 of 5
1
L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
1 WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cost.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request,the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c.for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
.Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
® 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
❑ 3.The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions(if any).
❑ 4. The work described in the Request is not within an Area-subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2.doc.rev.12115/00 Page 3 of 5
s
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
l WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statuatory/regulatory provisions)
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on ® by certified mail, return receipt requested on
May 16 , 2006
Date Date
This Determination is valid for three years from the date of issuance(except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent
to the appropriate DEP Regional Office (see Appendix A)and the property owner(if different from the
applicant). EF-Signatures:
.P
'ZVZ
f
May 11, 2006
Date
wpaform2doc•rev-12115M Page 4 or 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office (see Appendix A)to issue a Superseding Determination of Applicability.The
request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee
and Fee Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Form)as
provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination.A
copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation
Commission and to the applicant if he/she is not the appellant. The request shall state clearly and
concisely the objections to the Determination which is being appealed. To the extent that the
Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands
Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction.
wpaform2.doc•rev.12/15/00 Page 5 of 5
TOWN OF AGAWAM
CONSERVATION COMMISSION
�--A NL Wiij 36 MAIN ST.,AGAWAM, ALA 01001
786-04001, ext. 245
0
4 1c
o c�
September 28, 2007 4 z'
3 fir.
:v
c
Friends of Robinson Park .. -!
c/o R. Weber N
rT
197 Main Street
West Springfield, MA 01089
Dear Mr. Weber:
At its duly called meeting held on September 13, 2007, the Agawam Conservation Commission
took final action on your Request for Determination of Applicability for Robinson State Park.
The Commission did not receive sufficient information to make a determination on the wetland
boundaries as no map was submitted (see attached letter dated October 18, 2006).
Sincerely,
Henry A. Kozloski,Chairman
AGAWAM CONSERVATION COMMISSION
HAK:prk
TOWN O-FAGAWAM
CONSERVATION CDMMISSION
36 M,AnV ST:,AGAWAM, MA 0100,
786-0400, ext. 245
October 18, 2006
Friends of Robinson State Park
c%R. Weber
197 Main Street
West Springfield, A4A 01089
Dean-Mr. Weber:
The Agawam Conservation Commission is in receipt of a Request for Determination
Applicability that of
you submitted for Robinson State Park. Please be advised that in order to
approve a wetland delineation, a plan must be submitted showing the wetland boundaries as
flagged on the subject property. The Commission will then walk the property to veri the
wetland boundaries. This plan has not yet been submitted.
Sincerely,
Henry A. Kozloski, Chairman
AGAWAM CONSERVATION COMMISSION
HAK:prk
Postal Service,,,
DEP .l10ERTIFIEDMAIL, RECEIPT
CC. �
(DomesticOnly, .,Insurance Covolago Provided)
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AGAWAM, MA 01001 Ph �2 43
DECISION OF BOARD OF APPEALS
ATE0
Petition of: Rocky's Ace Hardware
Premises affected: 10 Springfield Street
Date: February 12,2007
Case #: 1780
The Agawam Board of Appeals conducted a public hearing and meeting on February 12, 2007 at
the Agawam Public Library Conference Room,750 Cooper Street, Agawam, MA, for all parties
interested in the appeal of Rocky's Ace Hardware, which is seeking a Special Permit in
accordance with Section 180-44, Paragraph F to allow for open-air transient parking at the
premises identified as 10 Springfield 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 A.
2. The petitioner wishes to park cars for a fee in its parking lot for the duration of the
Eastern States Exposition.
3. The petitioner received Site Plan Approval from the Planning Board on January 18,2007.
4. A memo from Sgt. Richard Niles, Safety Officer,to the planning board states that this
project will have little negative impact on pedestrian, bicycle, or motor vehicle safety.
5. Section 180-44,Paragraph F states that open-air transient parking is allowed after a
public hearing by the Board of Appeals.
6. The Board has found that the specific site is an appropriate location for such use.
7. The Board has found that the use as developed will not adversely affect the health, safety,
or property value of the neighborhood.
8. The Board has found that there will be no nuisance hazard to vehicle or pedestrian safety.
9. The Board has found that there will be adequate and appropriate facilities and controls for
the proper and safe operation of the proposed use.
10.The Board has found that this 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.
Decision(page 2) -WN LLERK t3F�iCL
Case# 1790 AGAWAM, MASS.
Rocky's Ace Hardware 07 FEB 2 8 PM 2-- 4 3
Based on its findings,the Board is of the opinion that the requested Special Permit is within the
authority of the Board of Appeals to grant as stated under Section 190-44, Paragraph F of the
Zoning Ordinances.
Therefore, by unanimous vote of its three members, the Board of Appeals grants this Special
Permit subject to the following conditions.
1. Vehicles shall be parked as approved on the Site Plan entitled"Bridge Shopping Center at
Agawam,Massachusetts for Allen M. Heflin,Bristol, Connecticut"prepared by Donald
Gilman and dated August 29, 2006.
2. The petitioner shall file 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 said parking does not commence within
two (2)years from the date of this decision.
This decision is subject to appeal in accordance with M.G.L.Ch. 40A; Section 17 within 20 days
after this decision is filed with the Agawam Town Clerk.
Doreen Prouty Zf2�1p7 G Suffriti -� �7 Fred Harpin
A
Town of Agawam
r +�� 36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413 786-0400 Fax 413-786-9927
January 19, 2007
Gordon Sandman
Rocky's Ace Hardware
10 Springfield Street
Agawam, MA 01001
Dear Mr. Sandman:
At its duly called meeting held on January 18, 2007, the Agawam Planning Board voted to
approve the Site Plan entitled "Bridge Shopping Center at Agawam,Massachusetts for Allen M.
Heflin, Briston, Connecticut" prepared by Donald S. Gilman and dated August 29, 2006. 1n so
approving, the Planning Board finds that all Site Plan requirements have been met. Approval of
the use for transient parking must be approved by the Board of Appeals. The Planning Board's
parking guidelines for retail use is as follows:
Retail Sales. Trade or Merchandizina except Furniture Stores
One and one-half(1-112) parking spaces for each two hundred (200) square feet of gross
leasable area up to ten thousand (10,000) square feet and one(l) parking space for each
two hundred (200) square feet of gross leasable area over ten thousand (10,000) square
feet.
Using this formula,the Rocky's store of 13,000 square feet should have 65 parking spaces. The
actual parking spaces provided is 158. Attached you will find comments received from both the
Agawam Engineering Department and the Agawam Safety Officer.
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, Board of Appeals, Building, Engineering, File
Y
y 1
Memo
To: Planning Board
From: Sgt. Richard Niles
Subject: Site Plan—Rocky's—Springfield Street
Date: 01/05/2007
Based upon the information provided, the presence of sidewalks for pedestrians, and the
presence of uniformed police officers controlling the flow of traffic and crosswalk usage,
as presented this project would appear to have little negative impact on pedestrian,
bicycle, and or motor vehicle traffic safety.
1 Respectfully Submitted
Sgt. R. Niles
Safety Officer
Agawam Police Department
TOWN GF AGAWAM
,�E 1 0 Department of Public Works
R 1000 Suffield Street " Agawam, MA 01001
Tel (413) 821-0600 * Fax (413) 821-0631
John P. Stone— Superintendent
MEMORANDUM
To: Planning Board
CC: John Stone— DPW Supt.; Fife
From: Engineering
Date: January 16, 2007
Subject: _ SP-- 505 `Rocky's-Springfield Street
Per your request dated December 28, Engineering has reviewed the site plan entitled "Big E
Parking Plan" dated 8/29106. Because there is no increase in impervious area a storm drain
permit is not required. Engineering has no additional comment at this time.
Please, do not hesitate to contact our division with any questions or comments:
Sincerely.
ichael cgiore Michael C. Chase, E.17,
Civil gins r I Interim Town Engineer
SASP1606 ROGM BIG E PARKrNGWCMO1,DOC
d CJ 1rY- 4 [JS" A"],L]r1� Y Y.A UYd
• ,4,� A ,� 36 XM.IN 5 TREE T
AGAWAM, MA 01001 gv uaAl��
BOARD OF APPEAL
�p y�'
Case # J790
Filed A P `f' r
Hearin /o'E i
Application to Board of Appeals for SaCLU PERMIT as provided in the
Zoning and other By-laws.
Applicant 6�nkk) Address I& tj
Application is herebv made for SPECL4L PEiRMIT as provided by
Section�_ Paragraph of the By-law.
Premises affected are situated on Street; � feet
distant from the corner of 'S%j 1:G 1. Jl-Street and Rzown as street
number �—. Propezty is zoned as ,(1 _ 4.
ti p
y 4 C3
046 -- �-
w
Si atuA a of veer or Isis a prized agen �\
cr-
NOTICE: Z S A ST TEE F' OUT 1. 7,NW OR TYPE WAfi I'E11
---------—
G� Town af Agawam
Assessor's Office
vi
36 Main Street, Agawam, 'Massachusetts 01001-1837
4 a�� Tel. 413 - 786-0400 x 245 Fai 413 -786-9927
Email: assessorCagawam.raa.us
August 15, 2006
Messrs. Peter Suszcynski &Gordon Sandman
10 Springfield St.
Agawam.MA 01001
Gertlemeiv.
U,,: Abutters list for 10 Springfield St., Agawam (J1-55-4-1)
The attached abutters list for tine above-named property has been certified with 28 abutters.
If yo u have any questions, please call.
Chester J. Mora /
Acting Assessor C
AAA
~ Paze of-
Town o-'iAgawam
36 Main Street Aga-w=, Massachusetts 01001-1.837
Tel. 413--'86-0400 Fax_413-785-9927.
U-0
DATE: r � � � �r
3 cx� / ro 3
CERTMCATION OF ABUTTERS LIST 3
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PROFERT O4.,*O�I: /4U, - GIB ;T
VI 4P TrBLOCT�.
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CONTACT PE-SO'_ti NAIVE:
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CONTACT PERSON-ADDRESS
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CONTACT PERSON-PHONTE N 4 BER - ���: _ 7 _
ABA;'TIERS
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Address or property:
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Address of Owner: _ &�7 _
Address cr"P,opertiy: + r
Address of Owner: r Al 1 A d
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Address ofproperty : . L/6 �` d �1' rvt�
Address'of Owner: J SD 1'i't eie c.J l-4tu e- S ' C( ?
Name: AL-8L-k)a �j � � Neap;. T .7 Let
Address a£nraperr� ; L r f I .1�___� t ��
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Address of der: 11 A�
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Address of property ; '4107 l' i 16007 l-J .! l:4 0
Address of Owner: 1, �• �i A�
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Ad-cress of nr:oeny •
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Y
WHEREAS, FIRST NATIONAL STORES_ INC., Lessee as Landlord,
• has Sub-Leased premises on the southerly side of Springfield Street and Main
Street, and the westerly side of Suffield Street, in the Town of Agawam,
Hampden County, Massachusetts to ROCKY'S HARDWARE,INC., a
Massachusetts corporation, as Tenant by virtue of a Sublease dated August
18, 1975.
WHEREAS, FIRST NATIONAL STORES, INC., has assigned all of
its right, title and interest in the leased premises to JAMES I FALCONS,
OfB/A FALCONS REALTY, by virtue of an Assignment of Lease and Sub- d
Lease Agreement dated September, 1986.. v
ter'
WHEREAS, FALCONS REALTY and ROCKY'S HARDWARE_
INC. wish to renegotiate the rental due under said Sub-Lease. ,
Therefore, in consideration of the mutual promises and covenants
contained herein, it is agreed as follows:
The monthly rental under said Sub-Lease will be Five Thousand One
Hundred Sixty Six Dollars and 67/100 ($5,166.67) per month, effective
January 1, 1998. said monthly payment to be due and payable in advance of
the first day of each month and said monthly payment to be increased by 10%
on the fifth anniversary of this amendment and every fifth year thereafter.
In all other respects said Sub-Lease will remain in full force and effect.
Signed as a sealed instrument this ! day of -J 1998.
FAL C NE REALTY SS
NFL
Witness S J. F
R , aARDWARE, TENANT
Witness ROCCO I FALCONE, PRESIDE
9�0.4t� 4$
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 Agawam _
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Robert&Lori Rosati
return key. Name Name
82 Rising Street
4:1 Mailing Address Mailing Address
Feeding Hills MA 01030
Cityrrown State Zip Code Cityfrown State Zip Code
1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents:
plot plan prepared by owner _ _ rev'd. 11/16/05
Title Date
Title Date
Title Date
2. Date Request Filed:
Nocember 15, 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):
J CD
6;) 26'x 24' addition to existing home
77.1
Project Location:
82 Rising Street Feeding Hills
Street Address CityTrown
Assessors Map/Plat Number Parcel/Lot Number
wpaformUcc•rev.ivivoo 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.doc•rev.12l15roa Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6.The following area andlor work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.68(4)c.for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability,work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department.Work.may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1.The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
® 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
❑ 3.The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore,said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
❑ 4.The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore,said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2.doc•rev.12115100 Page 3 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5.The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statuatorylregulatory provisions)
❑ 6.The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on X❑ by certified mail, return receipt requested on
December 12 , 2005
Date Date
This Determination is valid for three years from the date of issuance(except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from compiying 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 operty owner(if different om the
applicant), C ignatu es:
Q[C
December 8, 2005
Date
wpaform2.dac•rev.12/15100 Page 4 of 5
a9N
Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
July 2, 2007
John and Kathleen Rose
139 Poplar Street
Feeding Hills, MA 01030 .
Dear Mr. & Mrs. Rose:
At its duly called meeting held on July 5, 2007,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 Ron Huot and dated April, 2007.
Sincerely, o
AGAWAM PLANNING BOARD
3 3
tD Cn-TI
Please 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 Rose 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
A
Town of Agawam
►� 36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 4.13-786-9927
July 2, 2007
John and Kathleen Rose
139 Poplar Street
Feeding Hills, MA 01030
Dear Mr. & Mrs. Rose:
At its duly called meeting held on July 5,2007,the Agawam Planning Board voted to approve
your plans under "Subdivision Control Law Not Required" for a parcel of land located on Poplar
Street. PIans drawn by Ron Huot and dated April, 2007.
Sincerely, a
4
v _
c_ C-,
AGAWAM PLANNING BOARD D
n c:
t cn
cn_'
Please be advised that failure to record the plan within six (6) months and provide proof of
recording will negate the action of the Boar& 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 Rose 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
JUN-27-2007 10:01 TOWN OF AGAWAM 786 9927 P.02
R QS J I7
edN
Town .of Agawam""
rt 36 Main Street Apwam, Massachusetts 01061,-1837
TeL 47,3-786-0400 Fax 413-786-9927
FORM A
Application Appligation or Enclorsemeninf Plan of B 1'eved to Re uir ADr)roval
v
Pf_
FILE ONE COMPLETED FORM WiTH THE PLANNING BOARD AND ONE COPY WITH'' x,
THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-8 ':%
Agawam, MA JUNE 27 - - 07 N
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
tbard approval under the Subdivision Control Law is not rewired.
i. Dame of Applicant JOHN R. ROSE and KATHLEEN L. ROSE
Address 139 POPLAR STREET, AGAWAM, MA 01001
2. Name of Surveyor RON HUOT, ANDERSON ASSOCIATES
Address 357 WALNUT STREET EXT. , AGAWAM, MA 01001
3. Deed of Property Recorded in HAMPDEN COUNTY REGISTRY OF DEEDS
BOOK 6927, PAGE 422 AND Book 10161 page 209
4. Location of Property POPLAR AND MILL STREET, BURLINGTON DRIVE, AGAWAM, MA
5, Describe the proposal in this submission,
THIS ANR PLAN DEPICTS THE CONVEYANCE OF SMALL PARCELS TO FACILITATE THE REQUIREMENTS
OF THE AGAWAM PLANNING BOARD RELATIVE TO THE BURLINGTON SUBDIVISION. IT ALSO
DEPICTS THE CREATION OF PARCEL 2A. THE RELATED SUBDIVISION PLAN IS ENTITLED
PLAN OF LAND "BURLINGTON ESTATES -DEFINITIVE SUBDIVISION PLAN IN AGAWAM, MA"
RECORDED WITH THE HAUPDEN COUNTY REGISTRY OF DEEDS IN BOOK OF PLANS 344, PAGE 5.
ATTACHMENTS - Two originals and three copies of plan by certified rand
surveyor, Filing Fee - $35.00.
Signature of Owner Address 139 POPLAR ST, AGAWAM, MA 01001
Address 139 POPLAR ST, AGAWAM, MA 01001
-KATHLEEN �R
jpLte_,2__ Address 771 MILL ST, AGAWAM, MA 01001
S VOTZAKIS
L� J" 7 -. Address 771 MILL ST, AGAWAM, MA01001
EVEL JOAN VOTZAKIS
JUN-27-2007 10:01 TOWN GF AGAWAM TeG 9927 P.02
To'
wn .O Agawam
' 36 Mak Street Agawam. Massuebusetts 01061-1837
Tel. 41.3,75��0413€i Fax 413-7$�9927
FORM A 7
-4 k
Aonligation .or Endorsement of P1�Not �lieved„to Require Approval
FIDE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY VY H
THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION I"
Agawam, MA JUNE 27 ^20 07
TO THE PLANNING $OARD:
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 determlRation and endorsement that Planning
Board approval under the Subdivision Control Law is not required.
f. Name of Applicant JOHN R. ROSE and KATHLEEN_L. ROSE ^_
Address 139 POPLAR STREET, AGAWAM, MA 01001
. Name of Surveyor RON HUOT, ANDERSON ASSOCIATES
Address 357 WALNUT STREET EXT. , AGAWAM, MA 01001
3, Deed of Property Recorded in HAMPDEN COUNTY REGISTRY OF DEEDS
BOOK 6927, PAGE 422 AND Book 10161 page_ 209
4. Location of Property POPLAR AND MILL STREET, BURLINGTON DRIVE, AGAWAM, MA
5, Describe the proposal in this submission:
THIS ANR PLAN DEPICTS THE CONVEYANCE OF SMALL PARCELS TO FACILITATE THE REQUIREMEM5
OF THE AGAWAM PLANNING BOARD RELATIVE TO THE BURLINGTON SUBDIVISIONS. IT ALSO
DEPICTS THE CREATION OF PARCEL, 2A. THE RELATED SUBDIVISION PLAN IS ENTITLED
PLAN OF LAND "BURLINGTON ESTATES -DEFINITIVE SUBDIVISION PLAN IN AGAWAM, MA"
RECORDED WITH THE HWDEN COUNTY REGISTRY OF DEEDS IN BOOK OF PLANS 344, PAGE 5.
ATTACHMENTS - Two originals and three copies of plan by certified land
surveyor, Filing Fee - $35.00.
Signature of Owner a Grp_ Address 139 POPLAR ST, AGAWAM, MA 01001
—�� Address 139 POPLAR ST, AGAWAM, MA 01001
KATkil,KET J,.
Address 771 MILL ST, AGAWAM, MA 01001
S VOTZAKIS
y� rzL°� Address 771 MILL ST, AGAWAM, MA 01001
EVEL J VO I5
6S EI-/, i %:�vr�
a
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
D Ma
Tel. 413-786-0400 Fax 413-786-9927
October 20, 2005
Frederick & Carol Roselli
585 North Westfield Street
Feeding Hills, MA 01030
Dear Mr. & Mrs. Roselli:
At its duly called meeting held on October 20, 2005, the Agawam Planning Board voted to
approve your plans under"Subdivision Control Law Not Required" for a parcel of land located
on North Westfield Street. Plans drawn by John Somers and dated October 12, 2005.
Sincerely,
AGAWAM PLA BOA
f
r
i
Please be advised that failure to record the plan in months and provide proof of
recording will negate the action of the PoariL 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 Roselli and approved by the Agawam
Planning Board for a parcel of land located on N. Westfield St. has been recorded at the
Hampden County Registry of Deeds. Book , Page
Signature of Applicant
6Sre
Town of Agawam
11D
36 MaIn Street Agawam, Massachusetts 01001-1837
�, Tell. 41.3-786-0400 Fax 413-786-9927
FORM A
V�
AApolication for Endorsement of Plan Not Believed to Require Approval -�
FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH
THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-B
Agawam, MA_ LAG�' 20 4
TO THE PLANNING BOARD:
The undersigned, believing that the accompanying plan of his property in the Town of
Agawam does not constitute a subdivision within the meaning of the Subdivision Control
Law, herewith submits said plan for a determination and endorsement that Planning
Board approval under the Subdivision Control Law is not required.
1. Name of Applicant !qZA ejg-jK . 4141P-aL��CA&A-
Address 111o•�T�Y L�JCsf, ,�lc� 7"• --",V 4JA& HA
2. Name of Surveyor D /tJ o-ys�J
Address Z, O &r.P s4T asaeAts
3. Deed of Property Recorded in pi+sp . .
Book Page
4. Location of Property 5i!R ' b 1d&057 ,0?- 4 -0 S): _
5. Describe the proposal in this submission: R.Zo pFd.T'Y r'v 89 DIVIDED
JeE#4 P4)?.CEL- ro 5E Co.VvEy'F-b 770 AB0)74' 09��
ATTACHMENTS - Two originals and three copies of plan by certified land
surveyor. Filing Fee _ $35.00.
0.Signature of Owner,��J/)' Z� �LAddress J�� A/o•l{ eq4 e6d S '
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 9A -- Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Violation Information
Important:
When filling out This Enforcement Order is issued by:
forms on the Agawam Aril 12, 2D05
computer, use Conservation Commission(Issuing Authority) Date
only the tab
key to move To:
your cursor-
do not use the Edward & Marilyn Rossi
return key. Name of violator -,
35 Winthrop Street
r� Address
1. Location of Violation:same
Property Owner(if different)
35 Winthrop Street _ r-
Street Address
Agawam_ 01001
Qtyfiown Zip Code
J15 2/15
Assessors MaplPlat Number Parcel/Lot Number
2. Extent and Type of Activity(if more space is required, please attach a separate sheet):
Work taking within the buffer zone of a wetland.
B. Findings
The Issuing Authority has determined that the activity described above is in violation of the Wetlands
Protection Act(M.G.L. c. 131, § 40) and its Regulations (310 CMR 10,00), because:
® the activity has been/is being conducted without a valid Order of Conditions.
❑ the activity has beenlis being conducted in violation of the Order of Conditions issued to:
Name Dated
File Number Condition number(s)
wpaform9a.doc•rev.711464 Page 1 of 3
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 9A -- Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
❑ Other(specify):
C. Order
The issuing authority hereby orders the following(check all that apply):
® The property owner, his agents, permittees, and all others shall immediately cease and desist
from the further activity affecting the Buffer Zone and/or wetland resource areas on this property.
❑ Wetland alterations resulting from said activity should be corrected and the site returned to its
original condition.
® Complete the attached Notice of Intent. The completed application and plans for all proposed
work as required by the Act and Regulations shall be filed with the Issuing Authority on or before
an further work takes lace on this ro ert .
Date
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
❑ The property owner shall take the following action to prevent further violations of the Act:
Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts
General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a)
shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not
more than two years, or both, such fine and imprisonment; or(b)shall be subject to a civil penalty not
to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing
violation shall constitute a separate offense.
wpaform9a.doc•rev.7/14104 Page 2 of 3
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
L11
WPA Form 9A -- Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Appeals/Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
Agawam Conservation Commission
Name
786-0400, ext. 245
Phone Number
Hours/Days Available
Issued by:
Agawam
Conservation Commission
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission and ratified by majority of the members at the next scheduled meeting of the
Commission.
Signatures:
� y
Signature of delivery person or certified mail number
wpafarm9a.doc-rev.7/14104 page 3 d 3
U 1 Ab //V dn 4
Pc,✓
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP Fite Number:
WPA Form 8B -- Certificate of ComplianceLl A
s�-o524
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out I. This Certificate of Compliance is issued to:
forms on the Vladimir Ruha
computer, use Name u
only the tab
key to move 29 Avalon Place
your cursor- Mailing Address
do not use the Feeding Hills MA 01030
return
key. City/Town State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Leonard Matz
Name
7-13-06_ _ _ _ _ _ _ _ _ 87-0524
Dated DEP File Number
D
3. The project site is located at. c
r
Lot 4 North Street Ext. Feeding Hills '
Street Address City/Town :cw 3
D 13 211 c
Assessors Map/Plat Number ParcetlLot 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 certification that have been completed and are released from this Order are:
wpeform 8b.doc•rev.12/15M Page 1 of 3
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form SB
— Certificate of Compliance ceMassachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification (coat.)
Cl 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:
A0wam _ _ _ - 9-1.3-07 -
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:
ely Eve
wpaform 8b.doc•rev.1211 WOO Page 2 of 3
I
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
87-0524
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Authorization (cunt.)
Notary Acknowledgement
Commonwealth of Massachusetts County of Hampden
13th September 2007
On this Day Of Month Year
before me, the undersigned Notary Public, personally appeared
Henry Kozloski, Mark Soticheck, Fred Harpin, Frank Meagher,Steven Douglas, Sheryl Becker,
Name of Document Signer i
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
Citylrown
7
Signature of Notary Public
Pamela R. Edmunds
Printed Name of Notary Public
Place notary seal and/or any stamp above June 4, 2010
My Commission Expires(Date)
wpaform 8b.doc•rev.12115/00 Page 3 of 3
f
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
t WPA Form 8B -- Certificate of Compliance 87-0524
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:
Lot 4 North Street Ext. 87-0524
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
for:
Property Qwner
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 ab.doc•rev_12115/00 Page 4 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 --• Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c.. 131, §40
A. General Information
Important:
When filling out From:
forms on the A aeawwam
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Vladimir Ruha same
return key. Name Name
29 Avalon Place
Mailing Address Mailing Address
Feeding Hills MA 01030
Ci1yl-rom State Zip Code City/Town State Zip Cade
1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents:
Lot Al Silver Lake Drive, Agawam, MA_ 8-2-04
Title � �� � � Date
Tile Date
Title Date
2. Date Request Filed:
8-31-04
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
ce) Determination.
Project Description (if applicable):
�J J yyy
construction of single family home
Project Location:
5 Silver Lake Drive Agawam
Street Address CityfTown
19 2
Assessors MaplPlat Number Parcellf_ot Number
wpafomildoq•rev_12115/DO Page 1 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
MP Ford 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination(s) islare applicable to the proposed site and/or project relative to the
Wetlands Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)has been
received from the issuing authority (i.e., Conservation Commission or the Department of
Environmental Protection).
❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act.
Removing,filling, dredging, or altering of the area requires the filing of.a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced
plan(s) are confirmed as accurate.Therefore,the resource area boundaries confirmed in this
Determination are binding as to 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 Suffer Zone and will
alter an Area subject to protection under the Act.Therefore, said work requires the fling of a
Notice of Intent.
❑ 5. The area and/or work described on referenced plan(s)and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaform2.doc•ray.12/15100 Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
f WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. if a Notice of intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s),which includes all or part of the work described in the Request,the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels,any adjacent parcels,and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably_ be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability,work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the .
request Is post-marked for certified mail or hand delivered to the Department.Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove,fill, dredge,or alter that area. Therefore,said work does not require the filing of a
Notice of Intent.
❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
® 4.The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaformZdoc•rev.12115/00 Page 3 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (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 andfor work described in the Request is not subject to review and approval by:
Name of Municipality —•——•--—J - -•- - - - - - - - - - - -
Pursuant to a municipal wetlands ordinance or bylaw.
Name — - - - - — Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
[] by hand delivery on by certified mail, return receipt requested on
September 13 , 20'04
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 ropy must be sent
to the appropriate DEP Regional Office (see Appendix A) and the property owner(if different from the
applicant).
Signatures:
September 9 , 2004
Date
WPA Form 2 Pape 4 of 5
Rev r)?M
Massachusetts Department of Environmental Protection
x 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 dearly and concisely the objections to the Determination which is being
appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not
on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental
Protection has no appellate jurisdiction.
WPA Form 2 P"05 cf 5
Rpv A?1M .
+ U S S J 7`f�d�t7 �
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
87-0521
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 Thomas Russo, Jr.
computer, use Name
only the tab key to move 204 Suffield Street
your cursor- Mailing Address
do not use the Agawam MA 01001
return-key. City/Town State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Thomas Russo, Jr.
Name
May 25, 2006 _ _ _ _ _ 87-0521
Dated i DEP File Number
3. The project site is located at:
Main Street Agawam
Street Address CityrFown
K14 2/1
Assessors MA P_Ipiat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Propeny C wrier(if different)
Hampden
County Book Page
Certificate Yr'
4. A site inspection was made in the presence of the applicant, or the applicant's agent, oil
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:
wpafwn 8b daC•rev.1 PJ15/00 Page 1 of 3
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 5 2 2 0 S
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 App41UIA11 ,
Signatures:
Henr A. loski icheck
IA
Fred Harpin Jill Mes ick
wpaform 8b.doc•rev.12115/00 Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
l Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Authorization (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of Hampden
On this 22nd Of May 2008
Day Month Year
before me,the undersigned Notary Public, personally appeared
HenryA. Kozloski, Mark Soticheck, Fred Harpin, 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
Signature of Notary Public
Pamela R. Edmunds
Printed Name of Notary Public
Place notary seal andlor any stamp above June 4, 2010
My Commission Expires(Date)
wpaform 8b.doc-rev 12115iW page 3 of 3
r
` Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 88 - Certificate of Compliance 87-0521
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 afi:
Main Street 87-0521
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 81o.dcc•rev.12115100 Page 4 of 3
Massachusetts Department of Environmental Protection
�. DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order 87-0546
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Violation Information
Important:
When filling out This Enforcement Order is issued by:
forms on the ggawam May 23, 2008
computer,use Conservation Commission(issuing Authority) Date
only the tab
key to move To: -
your cursor-
do not use the Thomas Russo, Jr.
return key. Name of Violator
204 Suffield Street, Agawam, MA 01001
Address
1. Location of Vioiatian:
r�
same _
Property Owner(if different) T
Cosgrove Avenue (proposed Connor's Cove subdivision)file#87-0546
Street Address
Agawam 01001
CityFTown Zip Code
Assessors MaplPiat Number ParcellLot Number
2. Extent and Type of Activity(if more space is required, please attach a separate sheet):
Working within 200' of a perennial stream.
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B. Findings
The Issuing Authority has determined that the activity described above is in violation of the Wetlands
Protection Act(M.G.L. c. 131, § 40)and its Regulations (310 CMR 10.00), because:
® the activity has been/is being conducted without a valid Order of Conditions.
❑ the activity has been/is being conducted in violation of the Order of Conditions issued to:
Name Dated
File Number Condition number(s)
wpaformga.doc•rev.7114l04 Page 1 of 3
Massachusetts Department of Environmental protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 9A - Enforcement Order 87-0546
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided byDP.P
B. Findings (coat.)
❑ Other(specify):
C. Order
The issuing authority hereby orders the following (check all that apply):
® The property owner, his agents, permittees, and all others shall immediately cease and desist
from the further activity affecting the Buffer Zone and/or wetland resource areas on this property.
❑ Wetland alterations resulting from said activity should be corrected and the site returned to its
original condition.
❑ Complete the attached Notice of Intent. The completed application and plans for all proposed
work as required by the Act and Regulations shall be filed with the issuing Authority on or before
Date
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
❑ The property owner shall take the following action to prevent further violations of the Act:
No further is to take place in this area until a valid Order of Conditions has been issued by the
Agawam Conservation Commission. The public hearing on this project has been continued and
therefore no action has been yet taken by the Commission. Additional inspections will be made to
determine if erosion controls must be installed.
Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts
General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a)
shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not
more than two years, or both, such fine and imprisonment;or(b)shall be subject to a civil penalty not
to exceed twenty--five thousand dollars for each violation". Each day or portion thereof of continuing
violation shall constitute a separate offense.
wpaform9a.doc•rev.7114704 Page 2 at 3
r
Massachusetts Department of Environmental Protection
� - DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 9A -- Enforcement Order $7-0546
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Appeals/Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
Henry A. Kozloski, Chairman
Name - -
786-0400, exfen5ion 245
Phone Number
Hours/Days Available
Issued by:
Agawam
Conservation Commission
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission and ratified by majority of the members at the next scheduled meeting of the
Commission.
Signatures:
L�
'Ten�ry �. tz1 ~�
7007 0710 0001 7158 325C
Signature of delivery person or certified mail number
wpaform9a.doc•rev.7114/04 Page 3 of 3
I�� S S d� 11�fyl f�S
FA co _
CIL
TOWN OF AGAWAM
36 MAIN STREET AGAWAM, MASSACHUSET t Owl,
TeI. 413-786-0400
Form C
APPLICATION FOR APPROVAL
OF DEFINITIVE PLAN
FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND A COPY WITH
THE TOWN CLERK IN ACCORDANCE WITH REQUIREMENTS OF SECTION III--B.
Agawam ,
To the Planning Board:
The undersigned herewith submits the accompanying Definitive
Plan of property located in the Town of Agawam for approval as a
subdivision under the requirements of the Subdivision .Control Law
and the Rules and Regulations Governing the Subdivision of Land of
the Planning Board in the Town of Agawam.
1 . Name of Applicant T. Russo Construction Company
Address 204 Suffield Street, Agawam, MA
2. Name of Engineer or Surveyor Ecotec Environmental Associates, Inc.
180 D�enslow Road, Unit
Address P.O. Box 188, East Longmeadow, MA
3. Deed of Property Recorded in Hampden County Registry of Deeds
Book 10,608 Page 591
Land Court Certificate # 32879
4. Location and Description of Property: (Attached sheet) .
5. A list of the documents included in this application shall
accompany notice to .the Town Clerk .
Documents required to be submitted with this notice:
a. Notarized statement of interest in the land .
b. Environmental Study.
C. Plans and specifications.
d. Statement of time-development sequence.
e. Plan of sequence of development.
f . Town-Development relationship study.
g . Reports of test borings, etc .
h. Certified Copy of Deed
Your attention is directed to Section I11 , B. B of the Subdivision
Rules and Regulations requiring the posting of a bond or recording
of a covenant BEFORE approval can be given.
Signature of owne
Address
Agawam flanning Board +
STATEMENT OF INTEREST
Date
The petitioner hereby certifies that he is the owner
of all lands contained within the description of the
subject petition. Agawam Planning Board Case No.
(Name
204 Suffield Street
(Address).
Agawam, MA 01001
COMMONWEALTH OF MASSACHUSETTS
HAMPDEN ss Date
There personally appeared before me, on the above date,
to me known to be the person
described in and who executed the foregoing document.
0
Notary Public
My commission expires
Location and Description of Property
The parcel proposed for development is 7.31 acres of mostly
vacant land located westerly of Cosgrove Avenue and
westerly of #76 Cosgrove Avenue will be demolished to
provide access to the parcel. The parcel is zoned Agricultural
and five single family homes are proposed. The site is
partially wooded with two wetland resource areas located at
the north and south ends.
Book 187 Page 99
Doe. No. 268,483
Ctf. No. 32979
Mass. 8xcise Tax Stamps $638.40 (4140,000.00)
Case No. 35627-A TRANOMM CMIFICATB OF TITLE
Fran Certificate No. 14490, Originally Registered November 21,1969 in Registration
Book 73 Pape 40 in the Registry District of Hampden county.
THIS I8 TO CBRTIPY that T. RUSSO Construction Corp.
a Kassachvsetto Corporation
of Agawam in the County of Hampden and Coomanwealth of Kassachusatte,
is the owner in fee simple,
of that land situated in AGAWAM
in the County of Hampden and the Commonwealth of Naasachusetta, described as
followst
Easterly by Cosgrove Street, one hundred (100) feet,-
southerly by land now or formerly of Antonio Pajer, one hundred (100) feet;
Westerly by land now or formerly of Rocco Stellato at al, one hundred
(100) feet! and
Northerly by land now or formerly of Marie Varelas, one hundred (100) feet.
All of said boundaries are determined by the Court to be located as shown upon
subdivison plan numbered 35627-A, the same being compiled from a plan drawn by
Durkee, llhite, Towne i Chapdeiaine, Surveyors, dated November 29,1967, as modified
and approved by the Court, filed in the Land Registration office, a copy of a
portion of which is filed with certificate of Title No. 14157.
So much of said land as is included within the limits of said Cosgrove Street is
subject to the rights of all persons lawfully entitled thereto in and over the same.
And it is further certified that said land is under the operation and
provisions of Chapter 185 of the General Laws, and that the title of said
T. Russo construction Corp.
to said land is registered under said Chapter, subject, however, to any of the
encumbrances mentioned in Section forty-six of said Chapter, which may be
avbsisting, and subject also as aforesaid.
WITNESS KARYN F. SCH&FNR, Chief Justice of the Land Court
at Springfield, in said County of Hampden,
the twenty-eighth day of duly in the year tyro thousand and six,
at 9 o'clock and 58 minutes,
Attest, with the seal of said Court,
.401--e_
DONALD E. ASKS, Assistant Recorder
Property Address: 76 Cosgrove Avenue
Agawam, MA
DEED
KNOW ALL MF.N BY THESE PRESENTS, that MARREWA REALTY, INC. a
Massachusetts Corporation with a principal place of business at
Agawam, Hampden County, Massachusetts
for consideration paid and in full consideration of One Hundred
Twenty-Three Thousand and 00/100 ($123,000.00) DOLLARS
Grant to
THOMAS RUSSO, Jk., of 204 Suffield Street, Agawam, Hampden County,
Massachusetts
with QUITCLAIM COVENANTS
The property located on South Street, Agawam, Hampden County,
Massachusetts, being more particularly bounded and described on
Exhibit "A" attached hereto.
+t This sale is not a sale of all or substantially all of the assets
of the corporation.
Witness our hands and seals this 11th day of January, 1999.
N
01 Marrewa Realty, Inc.
9
°
01 �11�E.'1.i -_f j-1 �. .t'�e� c r�eCX c�errJ�r JrC
01 Witness By: _tE-Izabeiff Greenwa4fr, President
B Che yl [Carwos i, Treasurer
COMMONWEALTH OF MASSACHUSETTS
Hampden, ss. January 11, 1999
Then personally appeared the above named Elizabeth Greenway
and Cheryl KarwosU and acknowledged the foregoing instrument to be
the free act and deed of Marrewa Realty, Inc., before me,
ca N W 0O0 k Maureen M. Dempsey, Not try Pub c
y�1J a`� el4T My Commission Expires: 4/01/2 05
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BK 1 G608 PGS92 3 2:3 4
Exhfl A,
That certain tract or pascal of land, together Wth the buildings thereon, situated at 269
South Street in Agawam, Hamden County, Massachusetts, bounded and described as
fellows:
Beolming on the southerly side of Swath Street at the northeast corner of land now
or formerly of John Abet or AN; and running thence
EASTERLY On South Street to a pant orohalf the dstance bebA een land now or
formerly of said Abel and land now or formerly of one Boughton;
thence running
SOUTHERLY in a line parallel with the easterly line of said Abers land to land of
owner unknown at a point one-half the distance between said land of
Abel and said Boughton; thence
WESTERLY: on land of owner unknown to#and of said Abet; them
NORTHERLY. on land of said Abel to said South Street;
Containhg about ten (10) acres more or less and being the westerly one-half of the lot
downbed in a deed recorded in Hampden County Registry of Deeds Boric 750, Page 586.
SUBJECT to the right to maintain lines etc., granted the American Telephone end
Telegraph Cary as set forth in an instrument dated August 1, 1905, and recorded as
aforesaid in Book 691, Page 5B.
SUBJECT to the rs graved the Amherst Power Company as set forth in an instrument
dated October 29. 1913, and recorded as aforesaid in Book 873, Page 150.
SUBJECT to the rights granted the Agawam Eleeft Company as set forth in an instr urienf
dated October 29, 1913, and recorded as aforesaid in Boric 873, Page 362.
SLWECT to the perpetual night to maintain lines, etc.. and Agreement as to bulldWQ near
lines, etc., granted the Turners Palls Powsr and Electric Company as set forth in two
instrurronts recorded as aforesaid in Book 1911, Page 1 and in Boole 11$1,-Page 421.
SUBJECT to an easement of the Western Massachusetts Electric Company as shown on
a plan of land recorded as aforesaid in Boole of Plans 109, Pages 128-129, Which
easement is along the westerly tine of Lot A.
5
SK 10608 P GS93 :3234
Being the some premises aarneyed to Clayton E. Parker by two deeds, one from Anthony
C. Stellato at ux dated July 14, 1970, recorded as aforesaid in book 3519, Page 590 and
the other from Christina Stellato, dated July 14, 1970,recorded as aforesaid in Book 3519,
page Me.
Subject to all easements, restrictions and encumbrances of record.
Being the same premises conveyed to the grantor herein by Elizabeth Gresnway and
Cheryl Karwoski, Co-Executors under the Will of Madeline A. Marsm dated October 1,
19%and recorded in the Hampden Cwnty Registry of Deeds in Book 9715, Page 32.
e
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COTEC ENVIRONMENTAL ASSOCIATES, INC.
Connoes Cove Estates
Agawam, Massachusetts
Statement of Time-Development Sequence:
The applicant, T. Russo Construction Company, is proposing to construct five single
family homes within the subdivision. The minor size of the subdivision and short street
length, less than 500 feet, will allow the project to move forward without phasing.
Based upon the current real estate market and economy, T. Russo Construction
Company would commence work immediately upon receipt of all permits and approvals
with project completion occurring in 2010.
Plan of Sequence of Development:
Due to the minor street length and limited utilities construction requirement, the road
construction should be completed within six months of project start. Paving would be
bituminous concrete binder only in accordance with subdivision regulations to allow for
"wintering over". Summer construction during 2008 is anticipated with house
construction on-going through 2010. Normal construction sequencing is anticipated for
this small subdivision. House moving or demolition of#76 Cosgrove Avenue will occur
first. Clearing and grubbing within the defined work limit lines will occur following
establishment of erosion controls. The roadway area will be excavated and utilities
installed. Water, sewer, electric, telephone, cable and stormwater drainage will be
constructed. Five foot concrete sidewalks will be constructed and bituminous concrete
pavement placed. Shade trees will be planted (two per lot) at the appropriate time
during the construction. The street will be monumented and lot corners pinned
following final rod construction and paving.
Town—Development Relationship:
The construction of the five new single family residences to be located in an Agricultural
zone should have a minor impact on current Town services. The new subdivision would
add approximately ten new children to the Agawam school system at full build-out.
These additions would occur over an extended period of time and should not provide an
immediate impact with the possible exception of a school bus stop. Police and fire
protection would be required for the new subdivision. The development would be
expected to generate about 2000 gallons of sewage per day while requiring about 2880
gallons of drinking water per day. Water and sewer fees should offset the increased
flows.
' E'
COTEC ENVIRONMENTAL A5SOCIATES, INC.
The developer will be constructing the five homes using various designs and
configurations based upon a buyer's preference. The homes would be wood frame
structures having about 2,000+ square feet of living space. The average price for each
house would be $375,000.00.
TOWN OFAGAWAM
CONSERVATION COMMISSION
36 MAIN ST.,AGAWAM, MA 01001
786.0400, ext. 245
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January 11, 2008
DC
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Thomas Russo, Jr.
GJ
204 Suffield Street
Agawam, MA 01001
Dear Mr. Russo:
At its duly called meeting held on December 27, 2007, the Agawam Conservation Commission
voted to lift the Enforcement Order dated December 19, 2006 that was issued to you for property
on Main Street.
If you have any questions,please contact this office at 786-0400, extension 246.
Sincerely,
WSJ ,
Henry A. Kozloski, Chairman
AGAWAM CONSERVATION COMMISSION
HAK:prk
cc: DEP
Town Cle
J. Petronino
File
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S�/7,U es
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
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January 31, 2008
� 3
Russo Realt Services, Inc. c
204 SufficiiStreet
Agawam, MA 01001 °° r
Dear Mr. Russo:
At its duly called meeting held on January 31, 2008, the Agawam Planning Board voted to
approve your plans under "Subdivision Control Law Not Required" for a parcel of land located
on Main Street. Plans drawn by Ecotec Environmental Associates and dated January 2008.
Sincerely,
AGAWAM PLANN
Please be advised that faiture 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 Russo and approved by the Agawam
Planning Board for a parcel of land located on Main Street has been recorded at the Hampden
County Registry of Deeds. Book , Page
Signature of Applicant
Town .of Agawam 5
E2�rC��
36 Mahn Street Agawam, Massachusetts 0I001-1.837
Tel. 4.1.3-786-0400 Fax 413-786-9927
FORM A
Application for_Endorsement of Plan Not Believed to Requirg Approval
FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH
THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-B
Agawam, MA 1 30 20 %
TO THE PLANNING BOARD: 1
.The undersigned, believing that the accompanying plan of his property in the Town'W �
Agawam does not constitute a subdivision within the meaning of the Subdivision C04rol T
Law, herewith submits said plan for a determination and endorsement that Planning -0 �
Board approval under the Subdivision Control Law is not required.
Ln
1. Name.of Applicant Russo Realty Services, Inc. ao
Address 204 Suffield Street, Agawam, MA
2. Name of Surveyor Donald J. Smith
Address 165 Shaker Road, East Longmeadow, MA
3. Deed of Property Recorded in _ Hampden County Registry of Deeds
Book 6325 page 399
4. Location of Property 123 Main Street
5. Describe the proposal in this submission: The applicant is requesting the Planning
Board eliminate the common property line between two. parcels owned by Russo
Realty Services, Inc. in order for the existing house to conform to zoning set-
back requirements.
ATTACHMENTS - Two originals and three copies of plan by certified land
surveyor. F' in ,- $35. 0.
Signature of Address 204 Suffield Street
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A
{Town of Agawam .
36 Main Street Agawam, Massachusetts-01001-1837
Tel. 413-786-0400 Fax 413-786-9927
September 26, 2007
Thomas Russo
T. Russo Construction Corporation
204 Suffield Street
Agawam, MA 01001
Dear Mr. Russo:
At its duly called meeting held on September 20, 2007, the Agawam Planning Board voted to
approve the Preliminary Subdivision Plan entitled: "Preliminary Subdivision - Connor's Cove
Estates, Plan of Land in the City of Agawam, Massachusetts, Hampden County, Prepared for T.
Russo Construction Corp."prepared by Durkee,White, Towne and Chapdelaine and dated April 25,
2007 with the following conditions:
• The comments contained in the Engineering memo dated June 15,2007 and attached
must be addressed.
• The Planning Board has not taken action on the-requested waivers. It will be the
applicant's responsibility to make a case that the'granting of these waivers is in the
public's best interest.
Please submit an original of the approved plan to the Planning.Board for its signatures. If you have
any questions, please contact the Planning Office at 786-0400, extension 283.
ca
Sincerely, �
Q.
+CJ c Ate:.
'JO
N =E C—
Dennis'B. Hopkins, Chairman rn '
Agawam Planni Board n
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Durkee, White, Towne and Chapdelaine •.
Building a �'
Engineering
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Q61181Z00( 14: 11 rAX 41M10631 f�{b02/043
TOWN OF AGAWAM
INTEROFFICE T
A�
MEMORANDUM
MEMORANDUM
To. Planning Board
CC: John Stone—DPW Supt.;File
From; Engineering
Date: June 15, 2007
Subject: Connor's Cove Preliminary Subdivision
Per your request dated May 14, 2007, Engineering has reviewed the plan entitled, "Preliminary Subdivision
Plan Agawam,MA; Prepared for T.Russo Construction Corp.,204 Suffield Street,Agaw=,MA;Prepared by:
Durkee, White,Towne and Chapdelaine, Civil Engineering and Land Surveyors, 356 Front Street,Chicopee,
MA 01013; Scale: 1"=4D", and we have the following comments:
1. There are woods in the land that aren't mentioned. It has to be a full environmental report.The dimension
and location of the tees with a diameter of 8"at a height of 5' have to be shown on the plan.
2. The applicant should demonstrate how they propose to get the storm water runoff from the proposed pond
(on lot 3)to Worthington Brook_ Also,Lot 6 is labeled as a drainage easement;the applicant should clarify if
t-vs will be a proposed building lot and show any proposed detention areas.
3. The storm drain has to be ten feet minimum separation from sewer line and drainage.Also,no structures
should be located within the free belt and sidewalk area. Currently,the plans show one drain manhole and one
sewer manhole in the tree belt and sidewalk areas.
4. During a recent site visit,Engineering witnessed a large amount of trash located throughout the site and _
within the wetland on lot 6 and the river front area on Lot 7. AlI trash should be removed from the site and
properly disposed of.
5. The applicant should note what the future plans are for lots 6 and 7.
6. The proposed contours need to be added to the plans. This should include the layout and grading for all
detention pond areas_
7. The stationing of the road needs to be shown on the plans.
S. Test pits will be required with a member of the Engineering Division on site (several in RO.W) & one in
detention bond area.. These will confixm the high ground water elevation.
r
VV/ Ior LVV! IY to rr%n 4fooe lvoJ !
9. There is and old house on the property that is located within the proposed street layout. All ruaterials from
the house.including the utilities and foundation must be removed from the site and properly disposed of The
area must then be backfilled with Town approved Material and compacted.
10. A second hydrant should be located in the tree belt near the property fine between Lots 5 and S.
11. The bearing and distance of the north side of the drainage easement line on Lot 3 is missing.
Engineering reserves the right to make additional comments as new information is submitted. If you have any
questions please do not hesitate to contact this division.
Sincerely,
Vladimir Caceres Michael C. Chase, E.I.T.
Civil Engineer I Interim Town Engineer
G:lenginaar�ubdiYlcotinora Cvvp astabz&nt;moPVI prAminary mvimdoc
2
r fJ
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:
Whenfrllingout From:
forms on the A 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 Thomas Russo, Jr. same
return key. Name Name
204 Suffield Street _
VQ Mailing Address Mailing Address
Agawam w MA 01001 -
City/Town State Zip Code City/Town State Zip Code
ran 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents:
Prelimin Subdivision-Connor's Cove Estates _ 412512007, revised
Title _ - - - T — T � 8/7I07
Title Date
Title Date
2. Date Request Filed:
July 9, 2007
B. Determination
Pursuant to the authority of M.G.L..c. 131, § 40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable).
Prokosed six lot subdivision.
Project Location:
Cosgrove Avenue Agawam T _
Street Address City/Town
J3 Lot 5 _
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.dw•rev.12115/00 Page 1 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cost.)
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; 50'wetland buffer 100'wetland buffer; 100'riparian zones; 200' riparian
zones (rive front area .
❑ 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 udder 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.12115/00 Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ T. 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):
Q Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department.Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove,fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act.Therefore, said work does not require
the filing of a Notice of intent, subject to the following conditions (if any).
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone).Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaforrrr2.dac-rev.12115l00 Page 3 of 5
Massachusetts Department of Environmental Protection
@ureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statuatory)regulatory provisions)
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on by certified mail, return receipt requested on
August 10, 2007
Date a 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
applica Signa es:
y
August 9 , 2CC7
Date
wpeform2.doc•rev.12/15100 Page 4 of 5
TOWN OF AGAWAM
CONSERY,A 77ON COMMISSION
36 MAIN ST.,AGAWAM, MA 01001
786.0400, ext. 245
August 14, 2007
Thomas Russo, Jr. )
204 Suffield Street -- Z
Agawam MA 01001
Dear Mr. Russo: ru U
Ln va
At its duty called meeting held on August 9,2 00 7, the Agawam Conservation Commission voted
to lift the enforcement order issued to you on December 19, 2006 for property at 204 Suffield
Street. Thank you for your cooperation in resolving this problem.
If you have any questions, please contact this office at 413 786-0400, extension 245.
Sincerely,
Henry A. Kozloski, Chairman
AGAWAM CONSERVATION COMMISSION
HAK:prk
cc: DEP
Town Cleklx
File
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
t WPA Form 8B — Certificate of Compliance a7-1ss
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided>,yDEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the Murphy, McCoubrey&Auth LLP
computer, user
Name
only tab
key tohmove 272 Exchange Street, P.O. Box 237.... ram— Z.
Mailing Address
your cursor- �.
do not use the Chicopee MA t_4-0237
return key. City/Town T State ZIfC e
C
2. This Certificate of Compliance is issued for work regulated by a final Order of ConditiQrts isawe_d to:
Thomas Russo, Jr.
» <n ti
Name
12/21/87 87-188
Dated DEP File Number
3. The project site is located at:
south of 204 Suffield Street Agawam
Street Address City/Town
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
Hampden 6791 585
County Book Page
Certificate -
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
May 10, 2007 _
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:
wpe€orm 8b.do0•rev.12/15100 Page S of 3
r
\ Massachusetts Department of Environmental Protection
1� Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 1.31,.§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 5/10/0 7
Conservation Commission _ Date of Issuance
This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the
applicant and appropriate DEP Regional Office(See Appendix A).
Signature .
Mark ticheck
Jil es c Frank Mea
Sheryl ecker
wpeform 8b.doc•rev.12115100 Page 2 of 3
Massachusetts Department of Environmental Protection
LIBureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B -- Certificate of Compliance s7-1sa
Massachusetts Wetlands Protection Act M.G.L..c. 131, §40 Provided by DEP
C. Authorization (cunt.)
Notary Acknowledgement
Commonwealth of Massachusetts County of Hampden
oth May 2007
On this Day - - - ---- ---- Of Month Year
before me, the undersigned Notary Public, personally appeared
_Mark Soticheck, Jill Messick, Sheryl Becker, Frank Meagher,
Name of Document Signer
proved to me through satisfactory evidence of identification,which wastwere
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 o Notary Public
Pamela R. Edmunds
Printed Name of Notary Public
Place notary seal andlor any stamp above June 4, 2010
My Commission Expires(Date)
wwform 810.60c•rev,12/15/00 Page 3 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP Fire Numbec
WPA Form 8B -- Certificate of Compliance
l 87-9 88
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:
Suffield St. 87-188
Project Evocation 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 Sdumt3er
Signature of Applicant
wpaform 8b.doc•Tay.121150) Page 4 of 3
TOWN OF AGAWAM
FORM B
Ap lic_aton for Approval of Preliminary Plan
File one completed form with the Planning Board and a copy with the Town Clerk
in accordance with the requirements of Section III-B.
`7 20 0-7
To the Agawam Planning Board: CD
t
The undersigned herewith submits the accompanying Preliminary Plan of prowprrty
located in the Town of Agawam for approval as a subdivision under the E n
requirements of the Subdivision Control Law and the Rules and Regulations '' 3
Governing the Subdivision of Land of the Planning Board in the Town of 3 x
Agawam. Cn
w `
o c-
r
1. Name of Applicant T.Russo Construction Corp.
Address 204 Suffield Street / Agawam, MA 01001 _
2. Name of Licensed Land Surveyor DURKEE, WHITE, TOWNE & CHAPDELAINE
Address 356 FRONT STREET / CHICOPEE, MA 01013
3. Deed of Property recorded HAM P D EN
Registry, Book 10608 , Page 591 .
4. Location and description of property (attach sheet)
5. A list of the documents included in this application shall accompany notice to the Town
Clerk.
Documents required to be submitted with this notice:
a. Notarized statement of interest in the land.
b. Environmental study.
C. Plans
d. Certified copy of Deed.
Signature of O
Address 204 Suffield Street / A awam, MA
Agawam Planning Board
STATEMENT OF INTREST
Date
The petitioner certifies that he is the authorized
representative of the owner of all Lands contained
within the description of the subject petition and
that he has the option to purchase such lands .
Re: Agawam Planning Board Case No.
Thomas Russo, Jr
(Name)
204 Suffield Street
(Address)
Agawam, MA
COMMONWEALTH OF MASSACHUSETTS
HAMPDEN ss Date
There personally appeared before me, on the above date,
Thomas Russo, Jr, to me known to be the person
described in and who executed the fo g Jdoqument.
SABINO BILOTTI, Notary Public
Commonwealth of Massachusetts No ary Public
My commission Ex0res June 18,2010
My commission expires
TOWN OF AGAWAM
FORM B
Application for Approval of Preliminary Plan: Continued -
4. Location and description of property:
Town: Agawam ^ County: Hampden State: MA
Street: 76 Cosgrove Ave. Tax Map: .13 Block No. 1
Parcel No. 8 & 21 Land Area: 278,018 S.F. or 6.38242 Acres
Existing Number of Lots: 1 Proposed Number of Lots: _ 5
Proposed Subdivision Name: Connor's Cove Estates
Proposed Street Name: Connor's Place _
Proposed Street Length 500 ft.
Proposed Minimum Frontage: 120 ft
Proposed Minimum Area: 20,000 S.F.
TOWN OF AGAWAM
FORM B
Application for Approval of Preliminary Plan: Continued—
b. Environmental Study
[1]The relationship of the proposed development to the Master Plan,Zoning Map,policies and controls for
the affected area.
The proposed development will be required to meet the current subdivision by-laws,current
zoning by-laws,Town of Agawam Conservation by-laws,Town of Agawam Stormwater Drainage permit,sewer
connection permit,NPDES—Phase 2,Massachusetts Department of Environmental Protection(D.E.P.)Wetlands
Protection Act and D.E.P. Rivers Protection Act or any other applicable development by-law or permit. In the event
that such by-law or permit can not be adhered to a waiver for such compliance will be requested by the developer to
the appropriate Board(s)or Commission(s).
The site is located on the westerly side of Cosgrove Avenue and begins approximately 895 feet
south of South Street. The current zoning along Cosgrove Avenue is Residence A-2 for a distance of 100 feet
westerly and parallel with the westerly line of Cosgrove Avenue the remaining zone for the parcel is Agricultural.
See Figure 1.
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Figure I —Zone Change 1 Limit.
(21 Existing topography, water table,drainage features,natural geologic elements,stands or groves of trees,
shrub rows or other wildlife habitats, scenic qualities, easements and rights above, on or under the land and the
current nature of man's use of the area;a topographic sheet with existing and finished contours at two-foot intervals;
spot elevations as needed.Contour lines shall extend at a minimum 30 feet beyond the property lines,
The existing topography for the site is "flat". From Cosgrove Avenue to the westerly line of 76
Cosgrove is 4 feet(4%slope)at which point the topography continues to rise at a 1%slope for a distance of 100',
from that point south the topography drops towards Worthington Brook at a slope of 1%,+/-till the topography
encounters a steep bank located 50 to 100 feet from the northerly side of Worthington Brook.
Water table is assumed to be at 6 feet or more(MeA and AgA--Soil Classifications—Figure 2)
based upon the U.S. Soil Conservation Service soil data and will need to be verified for Definitive Subdivision
filing.
As late as 1970 the property has been farmed(see U.S. Soil Map photo dated 1970).
Currently the site is wooded and has no potential for farming at this time(Note an area located to the south,near
Worthington Brook, is being used as a garden by an abutter).
a',fir �... ;, ��;'r i ♦» °a�'� �¢:.
A. -
a
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Figure 2--U.S.Soil Conservation Map No.38 —Hampden County,
The site is wooded with moderate brush and ground covering. No drainage swales or scouring could be
found on the flat areas within the proposed lots 1, 2,3, 4 or 5. Drainage of the site is predominantly sheet flow that
final terminates flowing over the top banks to the north (un-named stream) and the to south, Worthington Brook.
(See Figure 3)
3
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'M�Esf
1S _ tt p
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x
19 z`P�' •'
Figure 3—Aerial photo; M17 Mr5id Files}
There are no natural geological elements, stands or groves of trees, shrub row or other wildlife habitats,
scenic qualities observed by the developer within the "flat" area of lots 1,2,3,4 or 5,
The site does contain two easements—
1)A utility easement for eiectrsc and telephone near the northerly un-named stream, which is
currently not in use.
2) A sanitary sewer easement located near Worthington Brook.
[3]The effect of the proposed development,both positive and negative, upon the environment,including
consideration of those elements in Subsection C(1)(d)j2a above; visual, including but not limited to aesthetic
considerations and signs and architectural elevations;traffic, pedestrian and vehicular,within and in the surrounding
areas servicing the proposal;solid waste containment and disposal;air and water quality;also radiation and
hazardous substances control; historic architectural and archaeological preservation;and outdoor recreation,if
involved in existing or proposed development.Does the proposal involve a filing under the Massachusetts Wetlands
Protection Act,MGL C. 131, §40?
The proposed development will preserve an open space along Worthington Brook(Lot 7). Proposed homes
to be built will be similar in architecture to homes built by the developer on Moreau Place. Traffic,pedestrian and
vehicular,will enter and exit the subdivision by one entrance located on Cosgrove Avenue and generate an
approximately 50 average daily trips(ADT)to an existing 350 ADT to Cosgrove Avenue. There are no trash
disposal areas proposed,all house trash and recycling pick up will be by Town DPW. There are no historical
structures or archaeological sites observed on site. No outdoor recreation facilities exist or are proposed for the
development.
vSS D� 7�/-/'00 6 5
k
Town of Agawam
oil
�
y 36 Main Street Agawam, Massachusetts 01001-1837
w
Tel. 413-786-0400 Fax 413-786-9927
December 7, 2006
Thomas Russo, Jr.
204 Suffield Street C")
Agawam, MA 01001 n
Dear Mr. Russo: �
w tIn
At its duly called meeting held on December 7,2006, the Agawam Planning Board voted to o
approve your plans under "Subdivision Control Law Not Required" for a parcel of land locates
on Cosgrove Avenue. Plans drawn by Durkee,White & Chapdelaine and dated 11/15/2006.
Sincerely,
AGAWA OAR
' f
Please be advised thatfailure 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 Maim Street, Agawam, MA 011001.
To Agawam Planning Board
Please be advised that the Form A plan that was filed by Russo and approved by the Agawam
Planning Board for a parcel of land located on Cosgrove Avenue has been recorded at the
Hampden County Registry of Deeds. Book , Page
Signature of Applicant
i�t woe tvvo i» a t rnn 4 tSiSL IV"1 9002{002
x
�► TOWN OF AGAWAM
., Department of Public Yorks
36 Main Street • Agawam MA 01001
r
Tel (413) 786-0400 * Fax (413) 786-9927
John P. Stone --Superintendent
- r - - MEMORANDUM
To: Planning Board
From' Building / Engineering
CC: Building, File
Date: December 4, 2006
Subject: Form A 288 -Cosgrove Ave - Moreau PI - Russo
Per your request dated November 16, 2006, we have reviewed the plan entitled, "Plan of Land in the
Town of Agawam, Massachusetts;-For: T. Russo Construction Company; By: Durkee, White, Towne
and Chapdeiaine; Date- 11/1512006; Scale: 'I"=40' ". We have the following comment:
1. Add note to the plan for Lot 3 B referencing "Indemnification & Hold Harmless Agreement' for
basement stairway entrance encroaching onto waterlutifity easement running in favor of the
Town of Agawam.
If you have any comments or questions, please do not hesitate to contact Engineering.
Sincerely,
Rick S. Seidnitzer ichael C. Chase, E.I.T.
Civil Engineer I Interim Town Engineer
S,IFORMAIZBB Cosgrove Ave-Moreau PI-Ruesokmemo 4.doc
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9A —.Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Violation information
Important:
When filling out This Enforcement Order is issued by:
forms on the Agawam December 19, 2006
computer, use Conservation Commission(Issuing Authority) Date
only the tab
key to move To:
your cursor-.
do not use the Thomas Russo, Jr.
return key. Name of Violator
204 Suffield Street
Address
1. Location of Violation:
1�
same
Property Owner(if different)
204 Suffield Street
Street Address
Agawam 01001
City/Town Zip Code
J13 ill
Assessors Map/Plat Number Parcel/Lot Number
C
2. Extent and Type of Activity(if more space is required, please attach a separate sheet): d b �-
Working within and filling in a wetland. c�j b
C�
B. Findings
The Issuing Authority has determined that the activity described above is in violation of the Wetlands
Protection Act(M.G.L. c. 131, §40)and its Regulations (310 CMR 10.00), because:
® the activity has been/is being conducted without a valid Order of Conditions.
❑ the activity has been/is being conducted in violation of the Order of Conditions issued to:
Name Dated
File Number Condition number(s)
wpaform9a.doc•rev.7114104 Page f or 3
Massachusetts Department of Environmental Protection
oEP File Number:Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
❑ Other(specify):
C. Order
The issuing authority hereby orders the following (check all that apply):
® The property owner, his agents, permittees, and all others shall immediately cease and desist
from the further activity affecting the Buffer Zone and/or wetland resource areas on this property.
❑ Wetland alterations resulting from said activity should be corrected and the site returned to its
original condition.
❑ Complete the attached Notice of Intent. The completed application and plans for all proposed
work as required by the Act and Regulations shall be filed with the Issuing Authority on or before
Date
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
® The property owner shall take the following action to prevent further violations of the Act:
Property owner is to immediately cease work in this area and contact the Conservation Commission
at 786-0400, ext. 245 to schedule a site visit.
Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts
General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a)
shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not
more than two years, or both, such fine and imprisonment; or(b)shall be subject to a civil penalty not
to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing
violation shall constitute a separate offense.
wpafarm9a.due•rev.711444 Page 2 of 3
Massachusetts Department of Environmental Protection DEP File Dumber:
Bureau of Resource Protection -Wetlands
WPA Form 9A - Enforcement Order
Massachusetts Wetlands Protection Act M.G,L. c. 131, §40 Provided by DEP
D. Appeals/Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding.this Enforcement Order should be directed to:
Agawam Conservation Commission
Name
786-0400, ext. 245
Phone Number
Hours/Days Available
Issued by:
Agawam
Conservation Commission
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission and ratified by majority of the members at the next scheduled meeting of the
Commission.
Signatures:
Ji.1 Messick
7005 1820 0003 6691 8602
Signature of delivery person or certified mail number
wpaform8a,doe•rev.7f14104 Page 3 of 3
U S S } 7"ffff/J713S�wri G flag
Massachusetts Department of Environmental Protection DEP File Number;
L7Bureau of Resource Protection -Wetlands
' WPA.Pdrm 9A — Enforcement Order 87-0521
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Violation Information
Important-
When filling out This Enforcement Order is issued by:
forms on the Agawam December 19, 2066
computer, use
only the tab Conservation Commission(Issuing Authority) Datep
key to move To: 0 '
your cursor-
r-� n
do not use the Thomas Russo, Jr.
return key. Name of Violator la D
�``� 204 Suffield Street 3
rQ Address
A C,
-r
�} 1. Location of Violation:
I Main Street
r
Property Owner(if different) a
Street Address
CitylTown — Zip Code
K14 _ 2/1
Assessors Map/Plat Number ParcellLot Number
2. Extent and Type of Activity(if more space is required, please attach a separate sheet):
Approved plan with Order of Conditions does not show a deck which is being constructed within the
100' riparian zone.
B. Findings
The Issuing Authority has determined that the activity described above is in violation of the Wetlands
Protection Act(M.G.L. c. 131, §40)and its Regulations (310 CMR 10.00), because:
❑ the activity has been/is being conducted without a valid Order of Conditions,
® the activity has been/is being conducted in violation of the Order of Conditions issued to:
Thomas Russo, Jr. May 25, 2006
Name Dated
87-0521 12, 20
File Number Condition number(s)
wpaform9a.duc•rev.7114104 Page 1 of 3
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order 87-0521
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
❑ Other(specify):
C. Order
The issuing authority hereby orders the following (check all that apply):
® The property owner, his agents, permittees, and all others shall immediately cease and desist
from the further activity affecting the Buffer Zone andfor wetland resource areas on this property.
❑ Wetland alterations resulting from said activity should be corrected and the site returned to its
original condition.
❑ Complete the attached Notice of Intent.The completed application and plans for all proposed
work as required by the Act and Regulations shall be filed with the Issuing Authority on or before
Date
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
® The property owner shall take the following action to prevent further violations of the Act:
A revised plan is to be submitted to the Commission for approval of the decker
Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts
General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a)
shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not
more than two years, or both, such fine and imprisonment; or(b) shall be subject to a civil penalty not
to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing
violation shall constitute a separate offense.
wpaform9a.doc.rev.V14/04 Page 2 of 3
Massachusetts Department of Environmental Protection DEP File plumber.
Bureau of Resource Protection -Wetlands
WP'A Form 9A -- Enforcement Order - 87-0521
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided byDEP
D. Appeals/Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
Agawam Conservation Commission
Name —
786-0400, ext. 245
Phone Number
Hours/Days Available
Issued by:
Agawam
Conservation Commission
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission and ratified by majority of the members at the next scheduled meeting of the
Commission.
Signatures:
Fred Harpin
7005 1820 C003 6691 8466
Signature of delivery person or certified mail number
vwpaform9a.doc•rev.7114f04 Page 3 of 3
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837�
Tel. 413-786-0400 Fax 413-786-9927CM C
- -
„ A
FORM A
Application for Endorsement of Plan Not Believed to Require Approval to
FILE ONE COMPLETED FORM WITH THE PLANNING HOARD AND ONE COPY WIfH
THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-B
r
Agawam, MA I 06-1 ..0.0e C t to 20-Q-b
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 PIanning
Board approval under the Subdivision Control Law is not required.
1. Name of ApplicantT. Russo Construction Company/Thomas J. Russo, Jr.
Address 204 Suffield Street / Agawam, MA 01001
2. Name of Licensed Land Surveyor DURKEE, WHITE, TOWNE & CHAPDELAINE
Address 356 FRONT STREET / CHICOPEE, MA 01013
3. Deed of Property recorded HAMPDEN
Registry, Book 10608, Page 591.
4. Location and description of property Currently shown as lot 21, Block 1,
Tax Map J3
5. Describe the proposal in this submission: This plan creates parcels 3-B
and 3-C (Parcel 3-C will be attached to Land Court Parcel
on Cosgrove Avenue) .
ATTACHMENTS - Two originals and three copies of the plan by certified land
surveyor. F 35.00.
Signature of O r Address 204 Suffield St.
Agawam, MA 01001
LlMassachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 8T-0526
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C.
A. General Information � -W. .
Important: From:
When filling
out forms on Agawam _
the computer, Conservation Commission
.use only the S
tab key to This issuance if for(check one): _
move your
W .
cursor-do ® Order of Conditions
not use the
return key. ❑ Amended Order of Conditions
To: Applicant: Property Owner(if different from applicant):
Thomas Russo, Jr. same
Name Name
204 Suffield Street
Mailing Address Mailing Address
Agawam _MA_ 01001
City(rown State Zip Code Cityrrown State Zip Code
1. Project Location:
Moreau Place Agawam
Street Address Civrown
J3 1121
Assessors Map/Plat Number ParceVLot Number
2. Property recorded at the Registry of Deeds for:
Hampden 10608 591
County Book _ Page _
Certificate(if registered land)
3, Dates:
July 20, 2006 _ August 10, 2006 August 10, 2006
Date Notice of Intent Fifed — F Date Public Hearing Closed Date of Issuance
4: Final Approved Plans and Other Documents (attach additional plan references as needed):
Wetland Site Plan, Lot 3A-Moreau Place, Agawam MA July 2006
Title -- _ — . — --- — _ - Date
Title Date
Title — Date
5. Final Plans and Documents Signed and Stamped by:
Gary P. Weiner
Name
6. Total Fee:
$750.00
(from Appendix 13:Wetland Fee Transmittal Form)
Wpaform5.doc•rev.12f15/00 Page 7 of 7
L77Massachusetts Department of Environmental Protection DEP File Number.
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 87-0526
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing, this Commission finds that the areas in which work is
proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution
❑ Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat
❑ Groundwater Supply ® Storm Damage Prevention ❑ Flood Control
Furthermore,this Commission hereby finds the project, as proposed, is:(check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. This Commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order.To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent,these conditions shall control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above.Therefore,work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to.protect these interests, and a final Order of Conditions is issued.
❑ the information submitted by the applicant is not sufficient to describe the site,the work,or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project
may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient
information and includes measures which are adequate to protect the Act's interests, and a final
Order of Conditions is issued. A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
General Conditions (only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
Wpaform5.doc•rev.12115100 Page 2 of 7
• Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 87-0 dbyDEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. findings (cunt.)
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
SEE ATTACHED.SPECIAL CONDITIONS
Findings as to municipal bylaw or ordinance
Furthermore,the hereby finds (check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Municipal Ordinance or Bylaw Citation
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
Municipal Ordinance or Bylaw Citation
The Commission orders that all work shall be performed in accordance with the said additional
conditions and with the Notice of Intent referenced above.To the extent that the following conditions
modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,
_the rnnelitions s1tl control
Wpaform5.doc•rev.12115f00 Page 4 or 7
TOWN OF AGAWAM, MASSACHUSETTS
CONSERVATION COMMISSION
ORDER OF CONDITIONS
— _ Moreau Place - Russo - 87-0526
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. There shall be no discharge or spillage of oil, fuel, any petroleum product or any other
pollutant into any area of statutory interest.
24. 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.
25. 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.
26. Whether from on-site or off-site, any fill used in connection with this project shall be
clean fill as described here:
The fill material shall be clean coarse washed sand or other clean granular material
essentially free of clay, fines, dust, organic matter, large stones, masonry, stumps, frozen
clumps of earth, wood tree branches and waste material. Before the fill is put in place, all
trees, brush and stumps shall be removed from the area to be filled. Topsoil, peat and
other impervious materials shall be removed from all areas to be filled prior to the
placement of the fill material.
27. 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."
28. The property owner shall maintain the detention basin.
29. The Commission reserves the right to impose additional conditions on any or all
portions of this work to minimize the impact of potential site erosion or noticeable
degradation of water quality discharging from the site at any time.
30. Members and Agents of the Agawam Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the construction site
to evaluate compliance with the order and to require the submittal of any additional
information deemed necessary.
31. This order shall apply to all successor or assignee in interest or control of the subject
property. Any conveyance of interest or control in the subject property shall make
reference to this order by stating that the conveyance is subject to the provisions of an
Order of Conditions under the Wetlands Protection Act, M.G.L. Chapter 131, Section
40, and by giving the book and page reference in the Hampden County Registry of Deeds
where this order is recorded.
32. The petitioner shall have recorded in the Hampden County Registry of Deeds an "Order
of Conditions Form" provided by this Commission. The Commission will not allow
work to begin until proof of recording is provided the Conservation Commission.
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - order of Conditions
C 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cant.) - - - - - -
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.
August 10 , 20G6
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).
5igAery
H p e en u s
Becker _Henry oz os
On 10th Of August , 2c06
Day Month and Year
before me personally appeared
Fred Hardin, _Ste�ses� Douglas , Sheryl Becker, Henry A. Kozloski
to me k n t be pers described in d who executed the foregoing instrument and
ackno� ed t e! t he 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
7.(3t1�i
Date Date � ----_---.__--
Wpaforrr5.doc-rev.12115/00 Page 5 of 7
s
LlMassachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 -• Order of Conditions 87-0526
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Information (cont.) + + +
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
To:
Agawam
Conservation Commission
Please be advised that the order of Conditions for the Project at:
Lot 3A Moreau Place _ 87-0_526 _
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
_Hampden
County Book Page
far:
Property owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
W paform5.doc•rev.I V15100 Page 7 of 7
Massachusetts Department of Environmental Protection
DEP File Number:
'Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 87-0521
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
return key. ❑ Amended Order of Conditions `
To: Applicant: Property Owner(if different from appl cant):
Thomas Russo, Russo Realty _
Name - — Name
204 suffield Street
Mailing Address Mailing Address
Agawam _ MA _ 01001_
Cityrrown_ State Zip Code City/Town State Zip Code
1. Project Location:
Main Street Agawam
Street Address City/Town
K14_ _ 2/1
Assessors MaplPlat Number ParcellLot Number
2. Property recorded at the Registry of Deeds for:
Hampden — 6825 399
County Book Page
Certificate(if registered land)
3. Dates:
April 20, 2006 May 25,2006 _ May 25, 2006
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):
Wetland Site Plan, 123 Main Stret, Agawam, MA for Thomas Russo April 2006,
Title revised 5/10106
Title — Date
Title Date
5. Final Plans and Documents Signed and Stamped by:
Gary Weiner
Name
6. Total Fee:
$750
(from Appendix B:Wetland Fee Transmittal Form)
wpzAYm5_doe•sev.1211SM - Pagel of 7
4
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 87-0521
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing, this Commission finds that the areas in which work is
proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution
❑ Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat
❑ Groundwater Supply ® Storm Damage Prevention ® 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.12115100 Page 2 of 7
t
Massachusetts Department of Environmental Protection
DEP File Number:
'Bureau of Resource Protection _ Wetlands
WPA Form 5 - Order of Conditions 87-0521
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (coat.)
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years,from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, piaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed.work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
8. 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 87-0521 "
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance(WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
Wpeform5.doc•rev.12/15/00 Page 3 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 87-0521
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (coat.)
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
SEE ATTACHED SPECIAL ORDERS
Findings as to municipal bylaw or ordinance
Furthermore, the hereby finds (check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Municipal Ordinance or Bylaw Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
Municipal Ordinance or Bylaw Citation
The Commission orders that all work shall be performed in accordance with the said additional
conditions and with the Notice of Intent referenced above. To the extent that the following conditions
modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,
the conditions shall control.
Wpaform5.doc rev.12115100 Page 4&7
TOWN OF AGAWAM, MASSACHUSETTS
CONSERVATION COMMISSION
ORDER OF CONDITIONS
- Main Street -Russo , 87-0521
18. No work shall being on this project until the Commission has received and approved
a planting plan.
19. This Order supersedes all previous Orders of Conditions issued for this work.
20. The Order of Conditions applies only to the work permitted by this Order. Any other
work to be done within the area of statutory interests of Wetlands Protection shall
require the filing of a new Notice of Intent or Request for Determination.
21. During the construction phase, the applicant shall be responsible for maintaining a copy
of these Orders at the site. The applicant shall be responsible for compliance with the
conditions of these Orders.
22. Prior to the start of construction, an on-site is to be held with the Commission to
mark the trees that will be cut for the house construction.
23. Prior to the start of construction, adequate erosion and sedimentation control measures
shall be implemented, and shall be maintained throughout the entire construction phase
and until the site has become stabilized with permanent vegetative cover.
24. The Commission shall be notified at least seventy-two hours prior to the start of
construction and after erosion control measures are in place to enable the Commission to
ensure compliance with these Orders.
25. The erosion and sedimentation barrier shall serve as the alteration limit line. Said
barrier shall fully protect the adjacent wetland/resource area, and no work shall be
permitted beyond this limit line. No machinery shall be operated beyond this limit line.
26. There shall be no discharge or spillage of oil, fuel, any petroleum product or any other
pollutant into any area of statutory interest.
27. At no time shall any construction materials, soils, fills, sediments, dredging or any other
substances be stockpiled or stored in any area of statutory interest.
28. The construction site shall be left in a stable condition at the close of each day. Erosion
and sedimentation controls shall be continuously monitored to ensure proper operation.
29. 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.
30. Only tagged trees shall be removed. All limbs, branches, slash and deadwood shall be
removed from the areas of statutory interest.
31. Whether from on-site or off-site, any fill used in connection with this project shall be
clean fill as described here:
The fill material shall be clean coarse washed sand or other clean granular material
essentially free of clay, fines, dust, organic matter, large stones, masonry, stumps, frozen
clumps of earth, wood tree branches and waste material. Before the fill is put in place, all
trees, brush and stumps shall be removed from the area to be filled. Topsoil, peat and
other impervious materials shall be removed from all areas to be filled prior to the
placement of the fill material.
32. No creosote shall be used in any areas of statutory interests. An Environmental Impact
Statement of any alternative preservative shall be submitted to the Commission prior to
the start of construction phase.
33. This parcel shall carry the following restrictions, and a covenant so noted on each 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.
31. 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 Fite Number:
'Bureau of Resource Protection - Wetlands
LI 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.
May 25 , 2006
Date
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or
hand delivered at the same time to the appropriate Department of Environmental Protection Regional
Office (see Appendix A) and the property owner(if different from applicant).
Signatures:
� r
p Ma k Soticheck
B c Jill mmei-l-
Fran eag Steven Douglas
J
Henry Kozlosxi
On 25th Of May, 2006
Day Month and Year
before me personally appeared
Fred Harpin, Mark Soticheck, Sheryl Becker, Jill Messick, Frank
Veagher, Steven Douglas , enry A. Kozioski
to me known o be the erson described in and who executed the foregoing instrument and
acknowl g thatI e e uAtsam7e
is/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
May 31 , 2006
Date Date
Wpaform5.doc•rev.12115/00 Page 5 of 7
Massachusetts Department of Environmental Protection
'Bureau of Resource Protection - Wetlands DEp File Number:
WPA Form 5 - Order of Conditions 87-0521
Provided by DEP
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 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
Wpafwm5.tlac•rev.12f15l00 Page 6 of 7
LilMassachusetts Department of Environmental Protection
"Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 87-0521
t
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.
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To:
Agawam
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Main Street 87-0521
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Hampden
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
Wpaform5.doc•rev.12/15/00 Page 7 of 7