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',� " Manpif7g Bard THE COMMONWEALTH OF MA SSA CHUSETTS 60 AGAWAM 'jp Aj1ijW/!JL, BOARD OF APPEALS Date: -July 23,2012 NOTICE OF VARIANCE / SPECIAL PERMIT Conditional or Limited Variance or Special Permit (General Laws Chapter 40A, Section 18 as amended) Notice is hereby given that a Conditional or limited or Special Permit has been granted :. �1A-- To: Armor Degue Owner or Petitioner Address: 24 Depalrnrna Street £iffy or Town: Feeding Hills identify Land Affected by the City I Town of&HWaM Board of Appeals affecting the rights of the owner with respect to the use of premises on: 20 Depalms Street Feeding Hift Sheet City or Town the record titt standing in the name of: Arthur H. Bogue and Phyllis M.Bague whose address is: 20 Depalms Street Feeding Hills MA Street City or Town State by a deed duly recorded in the Hem2§90 County Registry of deeds in 8oaic 2752 Pane The decision of said Board is on File with the papers in Decision or Case#1896. in the office of the City f Town Clerk AREM. Signed this 23jday off. BOARD OF APP I_S: Chairman Clerk Received and entered Register of Deeds in the County of Hampden, Book Page at o'clock and minutes M. ATTEST: Register of Deeds Notice to be recorded by land Owner _........... ........._..... ..............._.............. .._...._...... • �� TOWN OF AGAWAMaR OFFICE USE ONLY 36 MAIN STREET = Cabe #: 42 _k/r,7 AGAWAM, MA 01001 Filed: BOARD OF APPEALS Hearing: D Expires: 3 Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and other By-laws. Applicant <_ Address 7.I) b I --of E me If tus -- --- Application is hereby made for a SPECIAL PERMIT as provided by Section , Paragraph of the By-law. Premises affected are situated on '0 Street; feet distant from the corner of Street and known as street number Property is zoned as Reason(s) for request of Special Permit: 16- " P-96-K R1C#f'51Jt0FA0USE N EGO NO-4 99,fKK1,V4 AN 196 0 14 A a.13tMOM 409 kk4A kl(FUU60A - 1 z,� IV C N C'7 Signature of owner or his authorized agent: Telephone NOTICE: THIS APPUCATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN Rnom Amen by tbeoe preornto that We, P£TER _R and A. husband and vise, both of Ludlow, in the ro..r.tr of KamDder and Commonwealth of Massachuaetts, far consideration paid,grant to AATHUH H. BOOUE and PIMLIJS M. BOGUE, husband and wife, 'hosh, of Springfield, in said County of Hampden, as tenants by the entirety, with Warranty Covenants. S1 Certain real estate situate in Agawam in the County of Hampden and Commonwealtn Of Massachusetts, being known and designated as rot P20_(twenV) so shown on E ol&r, of lots recorded in the kagistry of Daeda for said ;county of Hampden in Book of r1tns LB, Page 6L;, said lot being more particularly bounded and described as ` follows. ?1CAN' f: y by TAPPalma Street, Eighty (80) Peet; F.ASTEhU by Lot #19 (nineteen) as shown on said plan, One Hundred Twenty sir' fee:; i SCL•Tkklely by Lot #21 (twenty-one) as shown on a plan of lots recorded as afore- said in Book of Plans 39, Page 9, Eighty (80) feet; and i WESMALT by Lot #23 (twenty-three) as shown on plan first above mentioned, One Hundred Twenty (120) feet. r SUBJECT to Rights of American Telephone and Telegraph Compare of Massachusetts ' under itutrumrent gated February 5, 1901 and recorded as aforesaid in Book 6180 Page 325; instruwent dated November 26, 1905 and recorded as aforesaid in Book 651, Page 321; and under instrument doted December 8, 1905 and recorded as aforesaid in Book 691, Page 367. JUN to Rights of Western Kassaobusetts Electric Company and Now rnglend telephone and Telegraph Compare under instruments dated February 27, 1956 and recorcec as aforesaid in Book 2452, Page 512, and dated May 22, 1957 and recorded as aforesa'_c in Book 2545, Page 13. BEING Rart of the promises conveyed to us by Louisa DePal" by dead dated April 1, 1959 and recorded as aforesaid in Book 2668, Page 326. SUBJECT to Taxes for the Iear 1960 which the grantees herein assume and agree to pay. TM And far Paid conWers6on, I, PETER HAMAR, husband of the said Mary E. Komar; and I, MA& E. HAMAk rife of this said Peter Hamar i It WI W hereby rakm to acid gantee Psi rights of dower, curt"y and Iwa motead and odrer interest m the tented prase,. Witness our hand a and mat s th6 twenty-eighth axK27527 day of June A. D. 1960 , Signed and scaled t •. in presetroe of (Peter Hamer) ry Js. Hamar r •-r.ls, &mmotuuf 84 of jouguouseft hsmodenss, June 26, 1960 77►en personally appeared the above namedp�.T. d bpi{ and MANY V. MMAlt r the above grantors who subscribed to said instrument as above written and acknowledged the foregoing instrument to be their free set and deed before me— -(�� RECEIVED O ii to L. li. Re gnie r} atarg PUM& JUN 2 9 1960 My commission expires Dl cember 3, 1960 AT___-MD Itfil" M ut WNW INnbed Nm. W.JMI _ MORMAGE KNow ALL IHSN es Tani Petts>1M That We, ■RTHUit H. BDOUE and PHYLLIS N. BOOiIg, husband and vile, both of Springfield, in the CcPmty of Hampden and Caosonwealth of Massachusetts (hereinafter with our heirs,executors,administrators and swigns referred tons Mortgagor); Fox CONSIDERATION PAro,GRANT unto 1019M SAUM BOX, of Westfield, in the County of Hampden and Cammormalth of Massachutaetts, a corporation organized and existing under the laws of said Commonwealth , (hereafter with its successors and assigns referred to as Mortgagee) Wmit MOrw&m COvENANTB to secure the payment of RIZI ri 1fW113alOi - -aoilara (I1.,7. O�DOs(_lO }.nitll interest fro® ,at rite ofFIvE em THH�.QUAmaS~ per eentum{S 3/lib) per enn�un on the unpdd balance until paid,as provided in a note of even date herewith, said principal and interest being payable at the oMm of said WORMOOO SAYINGS BINS is said West-field ,or st such other place as the holder may designate, Writing, in monthly inustalbnents of C1�iTY-FOUR M -- 2#��1----- ----------- pollars t$ commencing on the first day of lagnst ,1960 ,and on the first dray o> 'month 3 thereafter until the principal and interest arc fully paid,except that the final payment of prineipel and interest, if not sooner paid,shall be due and payable on the first day of JOr y 19 90 ,and also to secure the performance of all ownmants and agreements herein contained,a certain parcel of land with all the buildings and structures now or hereafter standing or placed thereon,situated in ,in the County of Hampden and Commonwealth of Massschusette, beilag known sad desi.gmated as Lot 020 (twenty) as shown an a plan of lots recorded in the ]Registry of Deeds ter said County of Hampden in Back of Plans 48, Pap 64, said lot being more partiawAr4 bounded and described as followes HOHWjg by DePalaa Street, X10f4r (30) feet; EASISIAL by Lot F19 (uinetseo) as shown an said plan, Ow Hundred Twat! (320) lest; SOUT1tlLBL2 by Lot 121 (twenty-am) '( risers) as shosrn en a plan of lots recorded as aforesaid in Book of Plans 39, Page 9, Eigbtf (6o) feet; and WESTMY by Lot P3 (twenty-three) an shown on plan first above mentioned, Oars Hundred iwnty (I") feet. t } n A TRUE PHOTOCOPY AS RECORDED IN HAMPDEN COUNTY REGISTRY OF DEEDS AND IT IS SO CERTIFIED BOOK PAGF�, ATTEST: REGISTER 10162 D. L. BEAN, INC. LAND CONSULTANTS Non 40 School Street F (413) 562-7566 ax # (413} 562-2091 SURVEYORS Westfield, MA 01085 ENGINEERS CLIENT: Ken Bogue ORIGINAL BILLING DATE: May 18, 2012 20 DePalma Street Agawam, MA 01001 PROJECT LOCATION: 20 DePalma Street - Agawam DESCRIPTION: Residential Property BALANCE FORWARD: $ 0 PROFESSIONAL SERVICES RENDERED FIELD WORK: Perimeter Survey Retracement Survey XXX Topographic Survey Insurance Survey Land Court Survey Flood Zone Survey_ Utility Survey Location Survey House AS Built Survey Set or Verify Property Corners Set Concrete Bounds Delineate and Flag Wetlands Set Boundary Stakes Building Layout with Offsets Elevations For Construction Construction Survey $ 495.00 OFFICE WORK: Research XXX Survey Computations XXX Plotting XXX Property Line Definition XXX Certification Prepare Report Other DESIGN: Sanitary System Storm Sewer Detention System Water System Street Grades_Finished Grading Construction Details Wetland Mitigation Preliminary Lot Layout Definitive Lot Layout Other PREPARE: Storm System Calculations Volume Calculations Land Court Calculations_ Development Feasibility Study Preliminary Plan Definitive Plan Conservation Plan_ _ Construction Plans Site Plan Plot Plan Other XXX 81_X 11 -- existing house lotion APPLICATIONS: Preliminary Plan Definitive Plan Form A Notice of Intent Determination of Applicability Storm Sewer Permit Sanitary System Permit 314 CMR Elevation Certification Title insurance Surveyor's Report Special Permit Variance Site Plan Zone Change Other ADDITIONAL SERVICES: Inspection Consultation Meeting Project Presentation Client Representation Site visit Other $ 205rA0 REMARKS: TOTAL BALANCE DUE: $ 700.00 3% Discount for Payment within 10 days All accounts over 30 Days will be charged an additional 1.5% per month D.L. BEAN, INC. Land Consultants Forty School Street WESTFIELD, MASSACHUSETTS 01085 • RATE JOB NO. (413) 562-7566 mav 18 2012 FAX (413) 562.2091 ATrEWJON Ken TO RE; Ken Bogue 20 DePalma Street - Agawam 20 DePalma Street Agawam, MA 01001 WE ARE SENDING YOU [ Attached ❑ Under separate cover via the following items: ❑ Shop drawings A Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION 4 5-17-12 1 8j X 11 Existing House Location - DePalma Street 1 5-18-12 1 Statement of Services THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval fX For your use ❑ Approved as noted ❑ Submit copies for distribution EX As requested ❑ Retumed for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Since e , COPY TO SIGNED: if enclosures are not as noted,kindly notify us at once. C FE, Shute, Sr. V. Presider 80.00' K LOT 20 sas' LOT 19 LOT 23 N N O p a O D 30.8' 14.5' 35.0' 80.00' DEPALMA STREET ZONED: AG EXISTIAG MUSE LOCATION AGAWAM, MASSACHUSETTS FOR: ARTHUR H. BOGUE D.L .BEAN INC 20 DEPALMA DRIVE 40 SCH109L STREET AGAWAM, MA. WESTFIELD, WFAS IIPHUSETTS DATE: 5-17-2012 SCALE: 1" = 20' d . - cl • . Q _ #SbC3 El (i =� oas s � a iV 4C ANF � Z O Q � Q � s } < Z W o O a LL -..1 N � r ® V Z X W r L m W N CONTINUOUS RIDGE VENT WITH SHINGLES APPLIED IUYm ma YG..III.YIiM1lea 11 Raja 1 illR4:MNItltlINNIXitltlAwIN„mn�niglron{no:'v�ILimSW ql l� ,y�• y 0 t mill tlMMLOW SLOPE MEMBRANE ROOFING STAIR 2 X 8 TREATED ISTS 8 114"MAX RISER @ 16"O.C. 9"TREADS PLUS 1 114 NOSING USTERS ON DECK+STAIR @ 5"O.C. EX15TING SONA TUBES 48"BELOW GRADE MINIMUM 20 DEFALMA ST TOM FEEDINGHILL5 REAR ELEVATION TYPICAL ROOFING LOW SLOPE MEMBRANE 112'CDX EXTERIOR GRADE PLYWOOD SHEATHING R38 INSULATION CONTINUOUS RIDGE VENT WITH 12 SHINGLES APPLIED TYPICAL SOFFIT CONTINUOUS ALUMINUM DRIPEDGE 29116 8"FASCIA BOARD CLAD IN ALUMINUM -** PERFORATED VINYL SOFFIT 2X8 RAFTERS 16"OCR � �' EXISTING RAFTER PROPER VENT 2X8 CEILING JOISTS 16"OC ,� �• 12 DORMER EXTERIOR WALL: ��f� 10 2X6 STUDS(d 16"O.C. , DOUBLE 2X6 TOP PLATE ,' ,•112"GYPSUM BOARD ON ALL WALLS+ 2X6 BOTTOM PLATE •' ,' CEILINGS.UNLESS OTHERWISE 7116"SHEATHING �.`��� NOTED R19 FIBERGLASS BATT INSULATION '. ,., �15 4 MILL POLY VAPOR BARRIER � REMOVE RAFTER "TYVEK'OR EQUAL HOUSEWRAP l EXISTING FLOOR JOISTS TYPICAL INTERIOR WALL $1�9* 2X4 STUDS @ 16"O.C. DOUBLE 2X4 TOP PLATE 2X4 BOTTOM PLATE EXISTING 20 DEPALMA ST TWO omocum FEEPINGHILL5 5e.ction!5 3It9112 610-2,l 9 1.816 9 1-611 51 _211 DEC A 6/0 5/ SLIDE 2/4 3/2 2/8 4/6 2'-0 411-gfi 8'-511 O1�n 2t-On a/s U.- UNEN i I I z/o I to BEDRooM #1 P EDFooM #2 a/6< 2/5 LIFE OF FLAT CEILING ---- ---------------------- -- - - __ - -- ---- ACCESS 5'HIGH KNEE WALL [n 20 DEPALMA 5T TOM VACOM AM FEEDINGHILL5 SECOND FLOOR PLAN . anan ' m . � z w t LLJc Zvi = Y a i 5 r'ris�wss'i ul7 {Y Oo�I L � W .im Ell p -91 .F.S a C S z _ e s Y i W 1 Y s � I k ` y REScheck Software Version 4.4.2 Compliance Certificate Energy Code: 2009 tECC Location: Agawam,Massachusetts Construction Type: Single Family Project Type: Addition/Alteration Heating Degree Days: 5754 Climate Zone: 5 Construction Site: Owner/Agent: Designer/Contractor: 20 Depalma St Kenneth Bogue Feeding HillS,MA 01001 Feeding Hills,MA 01101 Compliance:1.2%Better Than Code Maximum UA:85 Your UA:84 The%Better or Worse Than Code Index rehecis how dose to compliance the house is based on code trade-off rules. h DOES NOT provide an eAimate Of energy use or cost relative to a mirrimum-code home. Cont.Gross Cavity Assembly Area or or Door Perimeter u-ractor Ceiling 1:Fiat Ceiling or Scissor Truss 584 38.0 0.0 18 Ceiling 2:Cathedral Coiling 136 22.0 0.0 6 Wall 1:Woc;f Frame,1,i"o.c. 670 19.0 0.0 35 Window 1:Wood Frame:Double cane with Low-E 45 0.290 13 Door 1:Glass 40 0.290 12 Compliance Statement: I ne proposed building design described here is consistent with the Building plans,specifications,and other calculations submitted with the permit application.The proposed building has been designed to meet the 2009 IECC requirements in REScheck Version 4.4.2 to comply with the mandatory requirements listed in the REScheck Inspection Checklist. Name-Title Signature Date Project Title: Report date:05M5I12 Data filename: Untitled.rck Page 1 of 4 REScheck Software Version 4.4.2 Inspection Checklist Ceilings: 0 Ceiling 1:Flat Ceiling or Scissor Truss,R-38.0 cavity insulation Comments: © Ceiling 2:Cathedral Ceiling,R-22.0 cavity insulation Comments: Above-Grade Walls: t]Wall 1:Wood Frame, 16'o.c.,R-19.0 cavity insulation Comments: Windows: 0 Window 1:Wood Frame:Double Pane with Low-E,U-faclor:0.290 For windows without labeled U-factors,describe features: #Panes-Frame Type Thermal Break? Yes-No Comments: Doors: © Door 1:Glass,U-lactoc 0.290 Comments: Air Leakage: Lj Joints(including rim joist junctions),attic access openings,penetrations,and all other such openings in the building envelope that are sources of air leakage are sealed with caulk,gasketed,weatherstripped or otherwise sealed with an air barrier material,suitable film or solid material. La Air barrier and sealing exists on common walls between dwelling units,on exterior wails behind tubs/showers,and in openings between window/door iambs and framing. ❑ Recessed lights in the building thermal envelope are 1)type IC rated and ASTM E283 labeled and 2)sealed with a gasket or caulk between the housing and the interior wail or ceiling covering. Lj Access doors separating conditioned from unconditioned space are weather-stripped and insulated(without insulation compression or damage)to at least the level of insulation on the surrounding surfaces.Where loose fill insulation exists,a baffle or retainer is installed to maintain insulation application. Wood-burning fireplaces have gasketed doors and outdoor combustion air. ❑ Automatic or gravity dampers are installed on all outdoor air intakes and exhausts. Air Seating and Insulation: 0 Building envelope air tightness and insulation installation complies by either 1)a past rough-in blower door test result of less than 7 ACH at 50 pascals OR 2)the following items have been satisfied: (a)Air barriers and thermal barrier:Installed on outside of air-permeable insulation and breaks or joints in the air barrier are filled or repaired. (b)Celling/attic:Air barrier in any dropped ceiling/soffit is substantially aligned with insulation and any gaps are sealed. (c)Above-grade walls:Insulation is installed in substantial contact and continuous alignment with the building envelope air barrier. (d)Floors:Air barrier is installed at any exposed edge of insulation. (e)Plumbing and wiring:Insulation is placed between outside and pipes.Batt insulation is cut to fit around wiring and plumbing,or sprayed/blown insulation extends behind piping and wiring. (Q Corners,headers,narrow framing cavities,and rim joists are insulated. (9)Shower/tub on exterior wall:Insulation exists between showers/tubs and exterior wall. Sunrooms: Sunrooms that are thermally isolated from the building envelope have a maximum fenestration U-faclor of 0.50 and the maximum skylight U-factor of 0.75.New windows and doors separating the sunroom from conditioned space meet the building thermal envelope requirements. Project Title Report dale:05/05/12 Data filename:Untitled.rck Page 2 of 4 Materials Identification and Installation: •[� Materials and equipment are installed in accordance With the manufacturer's installation instructions. Insulation is installed in substantial contact with the surface being insulated and in a manner that achieves the rated R-value. Materials and equipment are identified so that compliance can be determined. Manufacturer manuals for all installed healing and cooling equipment and service water heating equipment have been provided. Insulation R-values and glazing U-factors are clearly marked on the building plans or specifications. Duct Insulation: Supply ducts in attics are insulated to a minimum of R-8.All other ducts in unconditioned spaces or outside the building envelope are insulated to at least R-6. Duct Construction and Testing: Building framing cavities are not used as supply ducts. 0 All joints and seams of air ducts,air handlers,filter boxes,and building cavities used as return ducts are substantially airtight by means of tapes,mastics,liquid sealants,gasketing or other approved closure systems.Tapes,mastics,and fasteners are rated UL t et A or UL 181 B and are labeled according to the duct construction.Metal duct connections with equipment and/or fittings are mechanically fastened.Crimp joints for round metal ducts have a contact tap of at least 1 112 inches and are fastened with a minimum of three equally spaced sheet-metal screws. Exceptions: Joint and seams covered with spray polyurethane foam. Where a partially inaccessible duct connection exists,mechanical fasteners can be equally spaced on the exposed portion of the joint so as to prevent a hinge effect. Continuously welded and locking-type longitudinal joints and seams on ducts operating at less than 2 in.w.g.(500 Pa). Duct tightness lest has been performed and meets one of the following test criteria: (1)Postconstruction leakage to outdoors test:Less than or equal to 8 cfm per 100 ft2 of conditioned floor area. (2)Postconstruction total leakage test(inclutting air handler enclosure):Less than or equal to 12 cfm per 100 ft2_ (3)Rough-in total leakage test with air handier installed:Less than or equal to 6 cfm per too 1h2 of conditioned ttoor area. (4)Rough-in total leakage test without air handler installed:Less than or equal to 4 ctm per 100 R2 of conditioned floor area. Temperature Controls: Where the primary heating system is a forced air4urnace,at least one programmable thermostat is installed to control the primary heating system and has set-points initialized at 70 degree F for the heating cycle and 78 degree F for the cooling cycle. Heat pumps having supplementary etectric-resistance heat have controls that prevent supplemental heal operation when the compressor can meet the heating load. Heating and Cooling Equipment Sizing: ❑ Additional requirements for equipment sizing are included by an inspection for compliance with the International Residential Code. (� For systems serving multiple dwelling units documentation has been submitted demonstrating compliance with 2009 IECC Commercial Buitding Mechanical and/or Service Water heating(Sections 503 and 504). Circulating Service Hot Water Systems: Circulating service hot water pipes are insulated to R-2. Circulating service hot water systems include an automatic or accessible manual switch to turn off the circulating pump when the system is not in use. Heating and Cooling Piping Insulation: 0 HVAC piping conveying fluids above 105 degrees F or chilled fluids below 55 degrees F are insulated to R-3. Swimming Pools: Heated swimming pools have an on/off heater switch. 0 Pool heaters operating on natural gas or LPG have an electronic pilot tight. Ll Timer switches on pool heaters and pumps are present. Exceptions: Where public health standards require continuous pump operation. Where pumps operate within solar-and/or waste-heat-recovery systems. Heated swimming pools have a cover on or at the water surface.For pools heated over 90 degrees F(32 degrees C)the cover has a minimum insulation value of R-12. Exceptions: Covers are not required when 60%of the heating energy is from site-recovered energy or solar energy source. Project Title: Report date:05/05/12 Data filename:Untitted.rck Page 3 of 4 z . Lighting Requirements: U A minimum of 50 percent of the lamps in permanemly installed lighting fixtures can be categorized as one o1 the following; (a)Compact fluorescent (b)T-8 or smaller diameter linear fluorescent (c)40 lumens per watt for lamp wattage<-15 (d)50 lumens per watt for lamp wattage>15 and<=40 (e)60 lumens per watt for lamp wattage>40 Other Requirements: ❑ Snow-and ice-matting systems with energy supplied from the service to a building small include automatic controls capable of shutting off the system when a)the pavement temperature is above 50 degrees F,b)no precipitation is falling,and c)the outdoor temperature is above 40 degrees F(a manual shutoff control Is also permitted to satisfy requirement'c'). Certificate: 0 A permanent cerlificate is provided on or in the electrical distribution panel listing the predominant insulation H-values;window U-factors;type and etficiency of space-condhioning and water heating equipment.The certilicale does not cover or obstruct the visibility of the circuit directory label,service disconnect label or other required labels. NOTES TO FIELD:(Building Department Use Only) Project Title: Report date: 05/05/12 Data filename: Untitled_rck Page 4 of 4 . 2009 iECC Energy Efficiency Certificate Insulation Rating R-Value Ceiling/Root 38.00 Wall 19.00 Floor/Foundation 0.00 Ductwork(unconditioned spaces): Glass&Door Rating 1.1-Factor SHGC Window 0.29 Door 0.29 NA Heating&Cooling Heating System: Cooling System• Water Heater: 111111110 Name: Date: Comments: �o5u e� A TOWN OF AGA WAM 36 MAIN STREET 70 AGAWAM,, MA O1001 BOARD OFAPPEALS r June 7, 2012 The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library Community Room, 750 Cooper Street, Agawam, MA, beginning at 6:30 P.M., Monday,July 23, 2012 for the following: Case #: 1896 Petitioner: Arthur Bogue Address: 20 Depalma St. Reason: Seeking a Special Permit in accordance with Section 180-7, Paragraph B of the Zoning Ordinances, which would allow for the construction of an addition to a residential structure with less than the required side yard at the premises identified as 20 DePalma Street. Advertise: Thursday July 5, 2012 and Thursday July 12, 2012 4 IV Doreen Prouty Chairperson -v DP/jb cm - CD t i iSt TOWN OF AGAWAM ALAdliix-- 36 MAIN STREET AGAWAM, MA 01001 .DECISION OF BOARD OF APPEALS �1 Petition of: Arthur Bogue Premises affected: 20 Depalma Street o F.., Date: July 23, 2012 Ma Case #: 1896 r I The Agawam Board of Appeals conducted a public hearing and meeting on July 23, 2012 at then - = -" Agawam Public LibraryEwference Room, 750 Cooper Street,Agawam, MA for all parties interested , the appeal of Arthur Bo Bo o is seeking a Special Permit in accordance with Section 180-7,mac- n, � Paragraph dinances,which would allow for the construction of an addition to a residential structure with less than the required side yard at the premises identified as 20 DePalma Street. After the public hearing and after a thorough review of the facts presented,the Agawam Zoning Board of Appeals made the following findings: 1. The subject property is located in an area of Town zoned Agricultural. 2. The petitioner proposes to construct a second floor dormer which will include two bedrooms and a bath. I 3. Section 180-40 (A) of the Town of Agawam Zoning Requirements requires a side yard of at least fifteen feet(15'). The westerly side yard between the house and the property line is fourteen (14.5') feet five inches. 4. There will be no greater an encroachment than that which already exists. 5. Section 180-7 (B2) states that a non-conforming structure may be altered or enlarged in that use but only after the granting of a special permit by the Board of Appeals. j 6. A single-family residential dwelling is an allowed use in an Agricultural zoning district. 7. This specific site is an appropriate location for the proposed addition,which is situated in a residential area. I 8. No evidence was presented to this Board showing that the use, as developed, will have an adverse affect the health, safety or property values of the neighborhood. 9. No evidence was presented to this Board showing that there will be any nuisance or potential hazard to vehicle or pedestrian safety. 10. The proposed addition will meet all building regulations providing adequate and appropriate facilities and controls for the proper and safe operation of the proposed addition. 11. No evidence was presented to this Board showing that the proposed use would be 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. 1 DECISION(p:2) Arthur Bogue Case# 1896 Based on its findings,the Board is of the opinion that it is within the authority of the Zoning Board of Appeals to grant a special permit as stated under Section 180-7,Paragraphs A&B of the Town of Agawam's Zoning Ordinances. Now, therefore,by a unanimous vote of its three members,the Agawam Zoning Board of Appeals hereby grants the petitioner a special permit to allow for the construction of an addition to a residential dwelling with the following conditions: 1. The proposed addition shall be constructed according to the plan submitted, drawn by Marc Shute,Land Surveyor and signed by the members of this board. 2. This special permit is for the proposed addition only. All other zoning requirements are to be met. 3. The petitioner shall record with the Hampden County Registry of Deeds a "Notice of Special Permit"form, which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. 4. This Special Permit shall become null and void if construction does not commence within two (2)years from the date of this decision. 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. Attachment: Signatory Page of Decision TOWN OFAGAWAM 36 MAIN STREET a AGAWAM,, MA 01001 BOARD OF APPEALS as Signatory Pge of Decision Case#: 1896 I Date: July 23, 2012 Applicant: Arthur Bogge Address: 20 De alma Street. By a unanimous vote of its three members, the Zoning Board of Appeals hereby grants the y C, J petitioner a Special Permit. -n I Ln rn This approval is subject to the conditions set forth in the attached written decision. Doreen Prouty ary Suffriti James Marmo Gary Geiger(Alternate) Richard Maggi(Alternate) 80.00, LOT 20 fi0.6' LOT 19 LOT 23 cm s., r p 0 C h0& '�G 3 F 20 •• ter, 30.8' 14.5' r rn Approved by Aga Zoning BOard of Appeals 35.0' Date: 80.00' DEPALMA STREET ZONED: AG AGAWAM, MASSACHUSMS FOR: � ARTHUR H. 80GUE 20 DEPALMA DRIVE D�L•BEAN INC. 40 SCHOOL STREET AGAWAM, MA. WESTFIELD, MASSACHUSETTS ©ATE: 5-17-2012 SCALE: 1" = 20'