E 6pard � ZB►4
Massachusetts Department of Environmental Protection RO �- oT x [�a
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 Alan Sirois same
return key. Name Name
90 Edgewater Road
Mailing Address Mailing Address
Agawam MA 01001
Cityfrown State ^Zip Code Cityfrown State Zip Code
1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents:
Town of Agawam Interactive Map 8/27/2012
Title Date
Title Date
Title Date
2. Date Request Filed:
August 27, 2012
B. Determination
Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your
Request for Determination of App4icability,with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Removal of brush and multiple small trees, less than 6" in diameter. Remove up to five larger trees
that pose a threat to the structure on the property. Stumps will remain until vegetation is established.
rri
Project Location:
90 Edgewater Road - _ Agawam
Street Address CityrrDwn .,
19 219 w
Assessors Map/Plat Number ParceULot Number —'
` wpaf0rm2.dac•rev.12MMO Page 1 of 5
1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.E.. 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 plans) 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:
!Jame Ordinance or Bylaw Citation
wpaform2ADc•rev.12115M0 Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 -- Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6_ The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c.for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner_
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note; No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability,work may not proceed
on this project unless the Department.fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone,
® 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions(if any).
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2.doc•rev.121 5i00 PBg$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) T
❑ 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
September 14, 2012
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 alf 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). Ll�iSignatures.
i 4
September 13, 2012
Date
wpaform2.doc•rev.12115M Page 4 of 5
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number;
WPA Form 8B — Certificate of Compliance 87-05M-,
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provid.,a DEP CX�fo
A. Project Information
E�
Important: c-n
When filling out 1, This Certificate of Compliance is issued to:
forms on the
computer,use Attorney Abbe McLane s
only the tab key Name
to move your 1349 Springfield Street, P.O. Box 105 cn
cursor-do not - -- — — ,
use the return Mailing Address
key. Feeding Hills MA
CityfTown State Zip Cade
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Hillside Development Corp.
Name
11 29-07 87-0539
Dated DEP File Number
3. The project site is located at:
Lot 11 Elizabeth Street Feeding Hills
Street Address Cityfrown
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 17188 394
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
Date
wpafrm8b.doc•rev.12i23169 wPA Form 8B,Certificate of compliance•Page 1 of 3
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 87-0539
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
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:
99 Elizabeth Street (lot 11)
❑ 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 _ T
Issued by:
Agawam 5/24/12
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
http://www.mass.gov/dew/aboutlregion/findyour.htm).
Signatures:
99
wpefrm8b.doc•rev.12123M WPA Form BB,Certificate of Compliance•Pape 2 of 3
r
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
87-0539
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 11 Elizabeth Street 87-0539
Project Location DEP File Number
Has been recorded at.the Registry of Deeds of:
Hampden
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpakmft doc•rev.12123ffig WPA Form 88,Cerlfcate of Compliance•Page 3 of 3
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LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 87-0539
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
computer, use Attorney Christopher C. Johnson
only the tab key Name
to move your 776 Westfield Street
cursor-do not wiling Address
use the return
key. West Springfield _ _ MA 01089
City/Town � State Zip Code
VQ 2. This Certificate of Compliance is issued for work regulated by a final Order of
SAF Conditions issued to:
(1) Hillside Development Corp. (2)_Salvatore Impoco; (3)Sam impoco
Name
(1) 11-29-07; (2)4-10-90; (3)June 27, 2983 (1) 87-0539, (2) 87-
Dated 288, (3) no#
3. The project site is located at:
Lot 2- 138 Elizabeth Street Feeding Hills
Street Address Cityfrown
F912 1140
Assessors Map/Plat Number ParceVLot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
Hampden Book (1) 17188; (2) 7474; (3) 5629
County Book Page
Page 1 394; 2 580; 3 412
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
Date
wpafrm8b.doc-rev.121231a9 WPA Form 88,Certificate of Compllarxe•Page 1 of 3
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 87-0539
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
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:
Lot 2 (138 Elizabeth Street)
❑ 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 6/28112
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
hftp:/Iwww.mass.gov/dep/about/reciion/findyour.htm).
Signatures:
wpafrm8b.doe•rev.1212=9 WPA Form 88,Certificate of Compliance•Page 2 or 3
L71Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP Fife Number:
WPA Form 8B — Certificate of Compliance 87-0539
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: --------------------------------------•------------------------------------------------------------
A awam
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Lot 2 Elizabeth Street 87-0639, 87-288, 87-
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Hampden
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpafrMb.doe•rev.12123M WPA Forth 86,Certifira6a of Compliance•Pape 3 of 3
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Massachusetts Department of Environmental Protection 3cn
Bureau of Resource Protection -Wetlands DEP File%mberr:
WPA Form 8B -- Certificate of Compliance s7_os3 ' CIA
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 tor, use the
compute Attorney Abbe McLane
only the tab key Name
to move your 1349 Springfield Street, P.O. Box 105
cursor-do not - - - - _ - -
use the return Mailing Address
key. Feedin Hills MA
City/Town State Zip Code
VQ 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Hillside Development Corp.
Name
11-29-07 87-0539
Dated DEP File Number
3. The project site is located at:
Lot 7 Elizabeth Street Feeding Hills
Street Address City/Town
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
Harrlpden 17188 394
County — - Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
Date
wpafrmSb.doc•rev.12123ng WPA Form 66,Certificate of Compliance•Page i of 3
z
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification
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:
Lot 7 Elizabeth Street — $2 , 000 holdback may
now be released.
❑ 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 5-26-11
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
httpflwww.mass.govldeolaboutlregion/findygur.htm).
Signatures:
wpafrm8b.doc rev.12/23109 WPA Form 88,Certificate of Compliance•Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 87-0539
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 7 Elizabeth Street 87-0539
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Hampden
County
for-
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpafrm8b.doc•rev.12/23/09 WPA Form 813,Certificate of Compliance•Page 3 of 3
(St.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
t 87-0539
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
computer,use Attorney David Young
only the tab key Name
to move your 62 Suffield Street
cursor-do not
use the return Mailing Address
key. Agawam _ _ MA 01001
Cityfrown State Zip Code
r 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
XHillside Development Corp.
redrn Name
11-29-07 87-0539
Dated DEP File Number
3. The project site is located at:
Elizabeth Street Feeding Hills
Street Address CityTown
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
Ham den 17188 394
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
Ma 10, 201Q
Date
wpafrm8b.doc•rev.12123M9 WPA Form 88,Certificate of Compliance•Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP file Number:
WPA Form SB — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131 , §40 Provided by DEP
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;
Lot 15 Elizabeth Street - 2 000 is o be h
by the buyer' s attorney to cover iaal est-abllishment of
the lawn.
❑ 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--13-1C
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
htti2://www.mass.gov/dg_p/about/re ion/find our.htm).
Signatures:
S f O
f
wpafrmBb,doc•rev.12723109 WPA Form 8B,Cartlflcate of Compliance•Page 2 of 3
f
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Prodded 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:
Agawant
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Lot: 15 Elizabeth St . 87--0539
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
wpafrm8b dec•rev.12123f09 WPA Form M Certificate of Compliance•Page 3 of 3
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 7 — Extension Permit for Orders of Conditions 87-0539
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General Information
Important:
When filling out 1• Applicant:
forms on the Hillside Development Corp_
computer, use Name
only the tab
key to move 267 Hillside Road
your cursor- Mailing Address
do not use the Southwick, MA 01077
return key. City/Town State Zip Code
2. Property Owner(if different):
Name
raem
Mailing Address
City[Town State Z'sp Coda
B. Authorization
The Order of Conditions(or Extension Permit) issued to the applicant or property owner listed above on:
11-29-07
Date
for work at:
Northfield Estates (Elizabeth Street) subdivision
StreetAddress Assessor's MapAat Number Parcel/Lot Number
recorded at the Registry of Deeds for:
Hampden __ _ 17188 394
County Book Page
Certificate(if registered land)
is hereby extended until:
November 29, 2011
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 October 28, 2010
Conservation Commission Date
wpaform7,doo•rev.311/05 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:
Notary Acknowledgement
Hampden
Commonwealth of Massachusetts County of
On this 28th of October 2010
Day Month Year
Before me, the undersigned Notary Public, personally appeared
Henry, A. Kozloski, Magda Galiatsos , Jill Messick,
Name of SignerMrk P. Soticheck, Sheryl Becker
proved to me through satisfactory evidence of identification, which was/were
personal knowledge
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for,its stated purpose.
As member of Agawam Conservation Commission
City/Town
r'
i a roof oaryP c
Printed Name of Notary ublic
Place notary seal and/or any stamp above 5yom
Expires(Date}
wpaformTdoc•rev.311105 Page 2 of 3
E Massachusetts Department of Environmental Protection DEP He Number:
Bureau of Resource Protection - Wetlands
' WPA Form 7 — Extension Permit for Orders of Conditions 87-0539
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:
Northfield Estates 87-0539
Project Location DEP File Number
has been recorded at the Registry of Deeds of--
Hampden
County
for:
Property Owner
and has been noted in the chain of title of the affected property in accordance with General Condition 8 of
the original Order of Conditions on.-
Date Book Page
If recorded land the instrument number which identifies this transaction is:
Instrument Number
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform7-doc•rev.311105 Page 3 of 3
TT �
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP Fiklumbe►:
WPA Form 8B — Certificate of Compliance
87-0539
Massachusetts Wetlands Protection Act Ll M.G.L. c. 131, §40 provided by DEP
A. Project information
Important:
When filling but 1. This Certificate of Compliance is issued to:
forms on the
computer,use _Tina DeP_alma- DePalma Development LLC
only the tab key Name
to move your 1050 Halladay Avenue
cursor-do not
use the return Mailing Address
key. Suffield CT 06078
City/Town State Zip Code
VQ 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Hillside Development Corp. -
1° Name
11-29-07 87-0539
Dated DEP File Number
3. The project site is located at.-
Lot 13 Elizabeth Street Feeding Hills
Street Address Citylrown
Assessors Map/Plat Number ParceULot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
Hampden 17188 394
County rn Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
Date
wpafrm8b doc•rev.12/23109 WPA Form BB,Certificate of Compliance•Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 87-0539
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
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:
Lot 13 Elizabeth Street- holdback may now be released
❑ 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 7122110
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
http://www.mass.govldeplabout/region/fiindyour.htgl).
Signatures:
r
wpafrmft doc•rev.12123M9 WPA Four 8B,Certificate of Compliance-Page 2 of 3
i
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
87-0539
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 13 Elizabeth Street 87-0539
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Hampden
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpafrm8b.doc-rev_12123/09 WPA Form 8B,Certifscate of Compliance•Page 3 of 3
r
7SN Cc-
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 87-0539
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Prodded by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the Attorney Abbe McLane
computer,use Name— - - _
only the tab
key to move 1349 Springfield Street, P.O. Box 105
your cursor- Mailing Address
do not use the Feeding Hills _ MA 01030
return k—eyy. City/Town State Zip Code
VA l l 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Hillside Devel�ment Corp.
Name
11-29-07 87-0539
Dated DEP File Number
3. The project site is located at:
73 Elizabeth Street Feeding Hills
Street Address CityfTown
r.
Assessors MapRlat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
17188 394
County Book Page
Certificate
4. A site inspection was made in'the presence of the applicant, or the applicant's agent, on:
Date mm
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:
73 Elizabeth Street (lot 8) -$1,000 is to be held back by buyer's attorney to cover establishment of
lawn.
wpaferm 8bAcc•rev.12115f00 Page 1 of 3
_ y
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands CEP File Number:
WPA Form 8B — Certificate of Compliance 87-0539
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 10-22-09
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:
Ha IS Ji Messick
Magda Ga iatsos
wpaform 8b.doc•rev_12/15100 Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 87_0539
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Authorization (coat.)
Notary Acknowledgement
Commonwealth of Massachusetts County of Hampden
22nd October 2009
On this Day �f Month Year
before me, the undersigned Notary Public, personalty appeared
HenrryA. Kozloski, Jill Messick, Sheryl Becker, Magda Galiatsos, _
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
personal knowledge _
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged
to me that he/she signed it voluntarily for its stated purpose.
As member of Agawam Conservation Commission
City/Town
Signature of Notary Public
Pamela R. Edmunds
Printed Name of Notary Public
Place notary seal and/or any stamp above June.4, 2010
My Commission Expires(Date)
wpaform 8b.doc•rev_12115JOC Page 3 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 87-0539
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:
73 Elizabeth Street 87-0539
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Hampden
County
for:
Property Owner
and has been noted in the chain of title,of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform Sb.doc•rev.12115/00 Page 4 of 3
r � ij�jde elD
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 87-0539
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1, This Certificate of Compliance is issued to:
forms on the Attorney Abbe McLane
computer, use Name
only the tab
key to move 1349 Springfield Street, P.O. Box 105
your cursor- Mailing Address
do not use the Feeding Hills _MA 01030
return key. CityTrown State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Hillside Development Corp,
Name
` 11-29-07 87-0539
Dated DEP File Number
3. The project site is located at:
111 Elizabeth Street Feeding Hills w
Street Address CitylTown =
Assessors Map/Plat Number Parcel/Lot Number ;
the final Order of Condition was recorded at the Registry of Deeds for: —
Property Owner(if different)
1718894
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, or:
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:
111 Elizabeth Street (lot 12). $2,000 is to be held back by the buyer's attorney to cover final
establishment of the lawn.
wpaPorrn 8b.doc•rev.12/15100 Pagel of 3
r
Massachusetts 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 12--10-09
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:
a z s Mar Soticheck
S �r
1
. ✓
Henry .41S0sK Y_ l _.
wpaform 8b.doc•rev_12115l00 Page 2 of 3
r
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 87-0539
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Authorization (coat.)
Notary Acknowledgement
Commonwealth of Massachusetts County of Hampden
On this 10th Of December 2009
Day Month Year
before me, the undersigned Notary Public, personally appeared
Ma da Galiatsos, Mark Soticheck, She I Becker, Henr A. Kozloski,
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
personal knowledge
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged
to me that he/she signed it voluntarily for its stated purpose.
As member of Agawam Conservation Commission
CityFFown
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.dcc•rev.12A5100 Page 3 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance $7_0539
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 12 Uzabeth Street 87-0539
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Hampden
County —
for:
Property owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land,the instrument number which identifies this transaction is:
if registered land, the document number which identifies this transaction is.
Document Number
Signature of Applicant
wpaform Sb.doc-rev.12115100 Page 4 of 3
NaCside 060 lo
Massachusetts Department of Environmental Protection
LITI �
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance87-0539
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the Attorney Abbe McLane _
computer, use Name
only the tab
key to move 1349 Springfield Street, P.O: Box 105 _ mm
your cursor- Mailing Address
do not use the Feeding Hills MA 01030
return key. CitylTown State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Hillside Development Corp.
Name
11-29-07 87-0539
Dated DEP File Number
3. The project site is located at:
Elizabeth Street(Northfield Estates) Feeding Hills
Street Address City/Town
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
August 27, 2009 C=)
Date
B. Certification =
Check all that apply: , c,;
❑ Complete Certification: It is hereby certified that the work regulated by the above--, brerice�
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:
Lot 10 (491) Elizabeth Street- $1500 is to be held back by buyer's attorney to cover establishment of
lawn.
wpaform 8b-doc.rev.12J15100 Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
c , $7-0539
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 August 27, 2009
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:
He z K3,
ery er _ to en u
Ma atso
wpaform 8b.doc•rev.12/15100 Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP Fife Number:
t WPA Form 8B — Certificate of Compliance 87-0539
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Authorization (coat.)
Notary Acknowledgement
Commonwealth of Massachusetts County of Hampden
On this 27th Of August 2009
Day Month Year
before me, the undersigned Notary Public, personally appeared
Henry, Kozloski, Mark Soticheck, Sheryl Becker, Steven Douglas, Magda Galiatsos
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
personal knowledge
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged
to me that he/she signed it voluntarily for its stated purpose.
As member of Agawam Conservation Commission
City/Town
r
{
Signature of Notary Public
Pamela R. Edmunds
Printed Name of Notary Public
Place notary seal and/or any stamp above June 4, 2010
My Commission Expires(Date)
wpeform 8b.doc•rev.12#15100 Page 3 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP Fite Number:
WPA Form 8B — Certificate of Compliance
87-0539
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:
Northfield Estates - lot 10 87-0539
Prpject Location DEP File Number
Has been recorded at the Registry of Deeds of:
Hampden
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform 8b.doc•rev.1 D15100 Page 4 of 3
R11Iside 7c)Li-7
oe.ue�l, Corp. C&I'r-
f i zA. ZtjL (st^
HAMMEN
BANK
Be first (&- last" AMENDMENT TO IRREVOCABLE LETTER OF CREDIT
Applicants Name and Address Beneficiary: Town of Agawam, C
Hillside Development Corp. 36 Main Street
267 Hillside Road Agawam, MA 01001
Southwick, MA 01077
w
Amendment number: 1 Dated: 11/9/2009 -
Letter of Credit No.: 9000451055 dated 1/14/2009,issued to you is hereby amended as
follows:
The amount of the letter is decreased by $310,000.00, making a new total amount of" {Y`
$54,000.00.
KNOW ALL MEN BY THESE PRESENTS: that Hampden Bank, having a usual place
of business at 19 Harrison Ave, Springfield, Massachusetts, hereinafter called LENDER,
pledges irrevocable credit in the form of a Letter of Irrevocable Credit dated January 14,
2009, amended 11/9/2009, in which said Letter of Irrevocable Credit hereinafter is
referred to as SURETY; said SURETY to be held by and firmly bound unto the Town of
Agawam, Massachusetts, a Municipal Corporation, having a usual place of business at 36
Main Street, Agawam, Massachusetts 01001, hereinafter called the TOWN; in the penal
sum of Three Hundred Sixty Four Thousand($364,000.00) Dollars, amended to the sum
of Fifty Four Thousand ($54,000.00) Dollars in lawful money of the United States, for
the payment of which sum well and truly to be made, we bind said SURETY firmly by
these presents.
THE CONDITION OF THIS OBLIGATION is such that, whereas, the
PRINCIPAL and OBLIGOR, Hillside Development Corp. (Ralph DePalma) entered into
certain Performance Agreement with the TOWN, dated December 18, 2008, carry out the
development of: Northfield Estates, Lots no. 1 thru 15 inclusive, Elizabeth Street,
Feeding Hills, Massachusetts.
PERFORMANCE GUARANTEE
PROVIDED FURTHER, that said LENDER hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Performance
Agreement, or to the work to be performed thereunder shall in any way affect its
obligation under this Irrevocable Letter of Credit, and it does hereby waive notice of any
such'change, extension of time, alteration or addition.
NOW, THEREFORE, in consideration of the mutual promises,undertakings and
other lawful consideration hereinafter set forth, the parties agree as follows
Mailing Address Your To/Bank Full Service Offices
P.O.Box 2048 1.800.887.6704 19 HARRISoN AVENUE,SPRINGFIELD 413.452.5151
SPRINGFIELD,MA Business Banking Services 1363 ALLEN STREET,SPRINGFIELD 413.782.5291
01102-2048 413.452.5140 TONER SQUARE,SPRINGFIELD 413.737.4693
Online Banking 220 WESTFIELD STREET,wkST SPRINGFIELD 413.781.3360
www.hampdenbank.com 475 LONGMEADOW STREET,LONCMEADUw 413.567.3321
820 SUFFIELD STREET,AGAWAM 413.821.9437
2005 BOSTON ROAD,WILBRAHAM 413.543.6953
(1) The LENDER hereby authorizes the TOWN to draw from the SURETY on
written demand up to an aggregate amount of Fifty Four Thousand ($54,000.00) Dollars,
being conditioned that the LENDER shall make no disbursements of funds from the
SURETY except by written instruction of the TOWN through its Treasurer as authorized
by vote of the Planning Board. The LENDER may, from time to time, make partial
releases from said SURETY to the principal, or directly to its contractors and
subcontractors, as various improvements and work have been completed and approved by
the TOWN,but only the written approval of the TOWN stating the sum and the party to
whom said partial releases shall be advanced.
(2) In the event the TOWN shall file with the LENDER a written statement that
the PRINCIPAL is, in the judgment of the TOWN, in default of the terms of said
Performance Agreement, the LENDER shall make funds undisbursed available to the
TOWN as hereinafter provided, subject to paragraph below.
(3) The TOWN agrees that any payments received by it from the SURETY will
be expended solely for the purpose of curing any default of the PRINCIPAL of its
obligations and commitments as set forth in said Performance Agreement,plus
reasonable administrative expenses, attorney's fees, interest and legal costs needed to cure
such default.
(4) The TOWN shall provide the PRINCIPAL under paragraph (3) above, with all
information concerning the alleged breach including, but not limited to the amount of
money represented by said breach, together with the details wherein the said construction
or installation has not been completed; and
(5) This Letter of Credit is not transferrable or assignable.
PROVIDED FURTHER that no final settlement between the TOWN and the
PRINCIPAL shall abridge the right of any beneficiary hereunder, whose claim may be
unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in four(4) counterparts, each one
of which shall be deemed an original this 91h day of November,2009.
ATTEST: . PRIN
B
ATTEST: LENDER-
By
ATT TOWN:TOWN OF AGA AM, MA
/} PL�;ANNING
By:
� J,
DATE:
APPROVED AS TO FORM:
DATE: v 9
TOWN OFAGAWAM
CONSERVATION COMMISSION
36 MAIN ST.,AGA T+VAM, AM 01001
786•04003, ems, 245
June 25, 2010
Kathy T. Truong
40 Ellington Street
Agawam, MA 01001
Dear Ms. Truong:
At its duly called meeting held on June 24, 2010, the Agawam Conservation Commission voted
to lift the Enforcement Order issued to you on May 19, 2010 for your Ellington Street property.
The Commission would like to thank you for your cooperation on this matter.
If-you have any questions, please contact this office at 786-0400, extension 245.
Sincerely,
4 - �.
.Henry A. Kozloski, Chairman
AGAWAM CONSERVATION COMMISSION
HAK:prk
cc: DEP, Town Clerk, File
RELEASE OF COVENANT
This is to certify that the Agawam Planning Board has released Lot 10 (96 Elmar Drive) as
shown on a Definitive Plan entitled "Hendom Heights ", plans being recorded in the Hampden
County Registry of Deeds Book 101,Pages 36, 37, 39, said lots being subject to the provisions of
a Covenant dated October 14, 1966, given by Walter Dziubek to the Town of Agawam, said
covenant being recorded in the Hampden County Registry of Deeds, Book 3221, Page 425 .
AGAWAM PLANN BO
DATED: June 2 , 2 C 11
Hampden cc Commonwealth of Massachusetts
a
AE -
Then personally appeared the above named, Travis P. Ward, Violet E.',.Ba_k&in.,
Michael J . Morassi members of the Agawam Planning Board and knW dge
the foregoing to be their free act and deed before e.. m
CA
ca
Notary Public
My Commission expires:
cc: Town Cle
Building Inspector
File