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F f� plan�i�� g�� z � � s. } �nty rb pse Ln . N 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP FI R4umber; WPA Form 8B — Certificate of Compliance ��.. 87-34W 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 HenryCr0 se only the tab key Name to move your 73 State Street cursor-do not use the return Mailing Address key. Springfield MA _I� City/Town State Zip Code ey 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: JoseName T. RU550 Name 12/15/94 87-346 Dated DEP File Number 3. The project site is located at: 50 Family Lane _ Agawam Street Address J Cityfrown 110 2/27 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 9892 273 County took Page Amended Order of Conditions: Book 10307, Page 95 Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: Date wpahm8b.doe-rev.1212SM WPA Force 86,Certificate or Compliance-Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Fife Number: WPA Form 8B — Certificate of Compliance $7-346 `f 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: 50 Family Lane (lot 5) ❑ 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 The Order of Conditions has lapsed and is therefore no longer valid.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: April 12, 2012 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:iiwww.mass.govidepfaboutiregionifindyour.htm). Signatures: °f 717?ih Y wpafrm8b.doc•rev./2123/09 WPA Form BB,Certificate of compliance•Page 2 of 3 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 87-346 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: 50 Family Lane 87-346 _ 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 wpafrmBb.doc•rev.12/23/09 WPA Form BB,Certificate of Compliance-Page 3 of 3 A/ HAMPDENBANK �Ni�� A Brighter Idea. IRREVOCABLE LETTER OF CREDIT Applicants Name and Address Beneficiary: Town of Agawam, Hillside Development Corp. 36 Main Street 267 Hillside Road Agawam, MA 01001 Southwick, MA 01077 Reference Number: 9000567975 Amount: $504,500 Date of Issuance: 10/07/2010 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 October 7, 2010, 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 Five Hundred Four Thousand Five Hundred ($504,5000.00) Dollars in lawful money of the United States, for the payment of which sum will 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 October 6, 2010, a copy of whiff is hetero attached and made a part hereof to carry out the development of Farmington Heights Subdivision,Feeding Hills, Massachusetts. PERFORMANCE GUARANTEE PROVIDED FURTHER, that said LENDER hereby stipulates and agrees that n(:: 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 (1) The LENDER hereby authorizes the TOWN to draw from the SURETY on written demand up to an aggregate amount of Five Hundred Four Thousand Five Hundred ($504,500.00) 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 Agawam . Indian Orebard . Longmeadow . spring,,,id . !rest Springfield . Wilbraham Online Banking Business Banking sei:•ices Your Tel fiat & ��xr�4.hainpue°�bank.corr� 41 1410 ',.800.s77'.G7(' 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 7`h day of October, 2010. ATTEST: PRINCIPAL: By: ATTEST: LENDER: , 1 ATT T: TOWN:TOWN OF AGAWAM, MA PLANN G BOARD By: DATE: /0 APPROVED AS TO FORM: DATE: & /� 10/08/2010 14: 12 FAX 4138210831 @ 002/003 TOWN OF AGAWAM 4- Ilk Department ofAshik works 1000 Suffield fteet ams MA 01001 �� NOW Tel (413) 9210600 Fax (413) 8210631 Anthony M. b�h►ia, P.E. Superintendent ��dlDlit To: Fig Board cc Av&my Sal P-E-—DPW SWf;FRe From: Engineering 'butw Detober b,2mb Subject. Farmington Heigh Subdivision Bond Setting ft your request,F incering has mkulded the bond amo=for the FwWugton Heights Subdiv on to be $504,500(five-hundred-fow thousand five-hundred dollars). F.nginem mg reserves the right to wake additional cow ss ww information is submitted. If you have anny questions i2leme do not hesitate to coot this div;sinfl Slnc�yf A. sit Fawn Bngineer Town Engiaear 5.iR Wftm pm heigtbUma mgn&Vk►i�bead 01 Am r�a�tu �� F. lei t14� 47 liYlOS31 @003/003 BOND 997 TJNG -FARbM(;TQN SglGAT&JGD710!W2010 MHD ITEM* k1'EM UNIT OUANTrff i1NlT PRIM cogr I. • N 1 N y," '.ZA Lit ..i•'% •i' -. r 1 D6 STI1Ird1�REMOVALLA $ I .151.03 OUV13L BCMRCYW.,TYM C 1f i 35.06 ., 1iJ 15B Craeod Saw far Drain&w, works TON 4 0o s. 7 433 //� �xa► 1.M.•0 s 2.7.E sZA 1 ••• • , • 1 • . • • . • , 12- lini SEMW DRAIN MAI+TDOL1!II4V131tT , .HA . ' 23.fl0' 44.u0 288.J7 S 12 66e 9"2 Prams and Coven-SIQWMH EA 24.0o S MIS s 13 2SZ 1Z=-CNZnijrn EA tz.W B m-v i 4 �+�/�� 1� NEED�j iiJ�/.M V 3MU i`C 41 L WATEIt3AT>+ ADWSTED EA 7.00 141.86 3 993 4 C�AD81?C.RU10U S'l�O1111B , �' 'i i- TON 49130 IWAD S 4.9 alMl Cv 100.00 S 46.223 SW STA1W G1RAMTE CURB-TYPE YB LF = 75-U s 5W.1 Eft- � GRAiNfM CURB-TYPE 139. S 033 3 670.2 =�i ni�}p��iniwrw�. LF 3 i...rl�-i' i i 7.06 r`� 2181 is i Eli 48 iM.^. u�....rr�wrM 3n�.ni- 27.91 _ - _ 1%@ 1 1 Off SILT PENCE- LF 3 .00 - LIM - 01 CONCRETE 9I1]EWALJ1 SY 1,283.39 5 50A S 65.299 ' 701. 7 M.e 12AM 51 LOAM Heir 0 6' CY 114. 3 41.50 S 4,749 1 E d' CY '31 41.E . Z+pP=lL - 114 25.$6 96D1 752 T rL RgRANDLE - 752 TOPSOIL REHANDLE 04r Eamomm S" C'Y 38.89 s 25.M6 S 1046 t.31s ON f 765 SMXD1G QlPomD sY _ - S 1.36 •# 4-1 765 S� EumMaZ SY Z33,33 1 1.36-.s 317 STRIW CLEM BA 2.00 3 lgfv S 1.000 WADETRIES_ su 4Q 0U UM B ... MR' AMf $ `� SET _ 1e.oa s , • 169.88 s .,L am -LMA2 a 1 S y ' CA7'(ZNMCXA&Nm HA . W 9 ..( Sub TOW 5 .fs ENuriomKMG a CCWnNGFNCY- 10% s 42.22532 8 .1 MOBELIZATION LS 1 $ 20.000-00 s 70.0W .1 ADWMq1•SJ4Tt $AND LFAAL COM Ls 1 s 16.000.00 S 10,000 9R9.3 STREET ACCEPTANCE PLANS Ls ] s 10,000.00 $ 10.000 ES71MAT&D CONS'iRUG'17ON COST s WA78.57 SAY 1 5040 Od down of Agawam 36 Main Street Agawam, Massachusetts 01001-1$37 Tel. 413-786-0400 Fax 4137786-9927 September 12, 2012 cn _ Ralph DePalma Hillside Development Corp. ry 267 Hillside Road p. Southwick,MA 01077 '}' Dear Mr. DePalma: PIease be advised that the Performance Agreement for Farmington Heights will expire on October 21,2012. A written request for an extension is needed if you do not anticipate completion of work items'by that date. The Board wi11 be discussing the status of this subdivision at their October 18t'meeting. Also, by way of this letter we are requesting an updated, itemized punch list from the Engineering Department. If you have any questions,please contact this office at 786-0400, extension 8738. Sincerely, Travis P. Ward,Chairman AGAWAM PLANNING BOARD TPW(DSD:prk Cc: Eng. Dept. Town Clet / Hampden Bank File 8565 COVENANT The undersigned, Hillside Development Corp.,hereinafter called the "Covenantor", having submitted to the Planning Board of the Town of Agawam a definitive plan of a subdivision entitled "Farmington Heights" and particularly lots 1, 2, 4, 5 7-15, 17, 18, 19 &20, does hereby covenant and agree with said Planning Board and the successors in office of said Board, pursuant to General Laws (Terr.Ed.) C. 41, Section 81U, as amended that: 1. The Covenantor is the owner of record of the premises shown on said plan. 2. This Covenant shall run with the land and be binding upon the executors, administrators, heirs and assigns of the Covenantor, and their successors in title to the premises on said plan. 3. The construction of ways and the installation of municipal services shall be provided to serve any lots in accordance with the applicable rules and regulations of said board before such lot may be built upon or conveyed, other than by mortgage deed,provided that a mortgagee who acquires title to the mortgaged premises by foreclosure, or otherwise, and any such lot subject only to the portion of this Covenant which provides that no lot so sold shall be built upon until such ways and services have been provided to serve such lot; provided however,that prior to release of a lot or lots to be built upon or conveyed, the Board may require a deposit of money sufficient in the opinion of the Board to secure final completion of ways and services required for the lots in the subdivision, as shown on said definitive plans. 4. Nothing herein shall be deemed to prohibit a conveyance subject to this covenant by a single deed of the entire parcel of land shown on the subdivision plan of all lots not previously released by the Planning Board, without first providing such ways and services. 5. This Covenant shall take effect upon approval of said plans. 6. Reference to this covenant shall be entered upon said plans and this Covenant shall be recorded when said plan is recorded. EXECUTED AS A SEALED INSTRUMENT THIS Date HILLSIDE DEVELOPMENT CORP. RaW DePalma, President& Treasurer -1- a I COMMONWEALTH OF MASSACHUSETTS Hampden, ss On this day of 20 !Z , before me, the undersigned notary public, personally appeared ,proved to me through satisfactory evidence of identification, which was 4----14A Driver Licenses); _personal knowledge; other: _ ' 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 stat54 purpose_ ly COMMMION EXPIRES JUNE 22,2018 *Notaryblic6� My Commission Expires -2- � /Z RELEASE OF COVENANT This is to certify that the Agawam Planning Board has released Lots 1 thru 20 as shown on a Definitive Plan entitled "Farmington Heights", plans drawn by D.L. Bean, Inc. and dated ,tune 20, 2008, Rev: 2-23-2009. Said plans being recorded in the Hampden County Registry of Deeds_, said lots being subject to the provisions of a Covenant dated May 27, 2009 given by-Hillside Development Corp. to the Town of Agawam, said covenant being recorded in' the Hampden County Registry of Deeds, Book , Page AGAWAM PLANNI B ARD Violet B vein. Mic e J. Morassi. - DATED: October 7 , 2c10 Hampden cc Commonwealth of Massachuseu f� Then personally appeared the above named, Travis P. Ward , Violet Baldwin, Michael J . Morassi members of the A wam Planning Board and acknowledge the foregoing to be their free ct and d ed,bef me. t Publi My Commission expi s: cc: Town Clei Building Inspector File UY G4i SSION EXMW JULY 14,2011 .................................................................. TOWN OF AGAWAM FOR OFFICE USA ONLY 36 MAIN STREET Case #: 191Fq AGAWAM, MA 01001 Y Filed: Hearing;BOARD OF APPEALS Hear & D Expires. ............................................................. ................ Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and other By-laws. Applicant Agm!&-IC Wa ne FWami resb3mat ard B.T Address 1350-1432r SLMEt, Agmer% M Application is hereby made for a SPECIAL PERMIT as provided by Section 180 Paragraph 7 of the By-law. Premises affected are situated on 22m: Street; 100 —feet distant from the corner of Feimal ard FWrview Street and known as street number 135 Property is zoned as Pasj tia Al Reason(s) for request of Special Permit: 4VJI�wt is smIuM PaId-gaim tD gmde a maU aab:bx am as fttirx &=IbEd in ft a=pmViM mqf�al_ anJ as ftron cn the aoaxVmT A AWFIV Spit C 'I Signature of owner or his authorized agent: A_WEEt, r Cn o Ln Telephone #: ,3 - (fkl*1773 x 13 NOTICE: THIS APPLICATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN �FA TOWNOFAGAWAM 36 MAIN STREET ' AGAWAM, MA 01001 }� .% y DECISION OF BOARD OF APPEALS r7T aiED t�P ' Petition of. Agarest, LLC The Federal ._ r Premises affected: 135 Cooper Street Date: August 25, 2003 Case#: 1698 The Agawam Board of Appeals conducted public hearings and meeting on July 28, 2003 and August 25, 2003, at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Agarest, LLC, which is seeking a Special Permit in accordance with Sections 180-7 of the Zoning Ordinances, which would vonstrwtiaift,.of of annas b ?, . qnoDnf t g :a t tht tdentifiecas'�e1"at.l het After the public hearings, and after an "on-site"visit,along with a thorough review of the facts presented,the Agawam Board of Appeals made the following findings: >V/ 1. The subject property is located in a Residentij-A-2-district zone, 2. The petitioners wish to create an a rnak imurn of 25 people 3. The subject property has been in use as a restaurant since at least 1936. Outdoor dining has occurred in the past on the subject property. 4. Several previous Variances Dave been granted for the subject property,the latest occurring on Januaiy 7, 1983,Case#1024. 5. Approval from the Plannin Board for this proposal was granted:on July 3;2003� 6. The use of a building as a restaurant is not allowed under the requirements set forth under Section 180-23 for permitted uses. 7. Section 18Q 7.:(B2 .allgws far m c form 'stnc�ture to be"altered or enlarged`in that use;.but only.after_the_gtanting of a permit thereof by the Board of Appeals". 8. Support and opposition was received both verbally and in written form at the public hearings. 9. The subject property is in violation of the previously granted Variance,dated January 17, 1983 (case#1024). t✓ondit vn# statel;`that`":.:a natural boundary of shrubs and trees be planted along the southerly and of the new parking area". Upon the"on-site" inspection, it was found that this condition has not been fulfilled. 10. The site is an appropriate location for such a use. 11. The proposed structure and use is not substantially more detrimental to the neighborhood than is the existing nonconforming structure and use. 12. The use as developed will not adversely affect the health, safety or property values of the neighborhood. Page 2 Agarest,LLC The Federal Case#1698 13. There will be adequate and appropriate facilities and controls providing for the proper and safe operation of the proposed use. 14. The proposed addition is not considered to be objectionable or obnoxious. Based on its findings, the Board is of the opinion that the granting of the requested Special Permit is within the authority of the Board of Appeals as stated under Section 180-7 (B2) of the Zoning Ordinances. Now,therefore,by a unanimous vote of its three members,the Zoning Board of Appeals hereby grants the petitioner a Special Permit to construct an outdoor terrace area subject to the following conditions; l. The proposed structure is to be construcied according to the plans by Ferrero Hixon Assoc;The Federal, April 23, 2003, submitted at the hearing and signed by the members ofthis Board. 2. The mw6m mA- u nber af-patrowto be,serve&in the dt oor are&shalf be twenty-five (25). The hours for seating these patrons shall be from� t 9tF3 Pr .' 3. The petitioners shall plant-q,n4t albo g t e seuthet ly edge:-so that vehicle headlights frorn the parking area will not stray onto the property at 31 Federal et`Extengft. This w ll-§atisfy the second condition of the previously granted Variance,dated January 7, 1983,Case#1024. 4. This Special Permit shall be in effect for a period of two (2) years from the date of this decision. The petitioner shall come back to this Board for review. The petitioner shall apply ninety(90) days prior to the expiration date of this Special Permit, 5. 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 6. This Special Permit shall become null and void if construction does not commence within two (2) years from the date of this decision. Doreen Prouty �� _ Fred Harpin os C me L7 ao I Z l d E- d3s11 £ , � I7 7 BOARD OF APPEALS PUBLIC MEETING August 25, 2003 The following members attended the public meeting: Doreen Prouty, Chairperson Joseph Conte,Acting Vice Chairperson Gary Suffriti,Acting Clerk Fred Harpin, Vice Chairperson Barbara Brizzolari, Secretary 1. Appeal of: Luigi Chiareila, Case# 1.699 The Agawam Zoning Board of Appeals held a public hearing on August 25, 2003, at 6:30 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Luigi Chiarella, who is seeking a Special Permit in accordance with Sections 180-7 of the Zoning Ordinances,which would allow for the construction of public storage units at the premises identified as 371 South Westfield Street. The Chairperson opened the public hearing at 6:30 P.M. Chairperson Prouty read the legal notice and explained the procedure to be followed. Ms. Prouty then introduced the sitting members on this case: Doreen Prouty,Joseph Conte and Gary Suffriti. Mark Schutt, from D.L. Bean,explained the reason for the Special Permit. The petitioner went before the Town Council for a zone change. The zone change was granted changing the zone to Industrial A. Mr. Schutt said he had a revised site plan dated July 24, 2003. This site plan will supercede the one dated July 7, 2003. Chairperson Prouty read a letter that was submitted to the Board, dated August 25, 2003, from abutter Henry Waniewski,who is in favor of the petition. The Petitioner stated that there is an emergency Planning Board meeting scheduled for August 26, 2003 at 5:00 for site plan approval. He will give the Board a copy of the approval as soon as he receives it. Chairperson Prouty made a motion,and it was seconded by Acting Vice Chairperson Conte,to close the hearing at 6:55 P.M. and go immediately into a public meeting. All were in favor, none were opposed. Chairperson Prouty stated that everything seemed to be in order to issue this Special Permit. She asked the petitioner for a copy of the "as is"site plan approval from the Planning Board. Chairperson Prouty called for a vote of this Special Permit from the members sitting,the result of which was unanimous as follows: Chairperson: Doreen Prouty yea Acting Vice Chairperson Joseph Conte yea Acting Clerk Gary Suffriti yea Chairperson Prouty made a motion, and it was seconded by Acting Vice Chairperson Conte, to close the meeting at 6.59 P.M. All were in favor, none were opposed. 2. Appeal of Josephine Rocca, Case 41700 The Agawam Zoning Board of Appeals held a public hearing on August 25, 2003, at 7:04 P.M., at the Library Conference Room,Agawam Public Library, 750 Cooper Street, Agawam,MA, for all parties interested in the appeal of Josephine Rocca, who is seeking a Special Permit in accordance with Sections 180-7 (132)and Section 180-31 (B) of the Zoning Ordinances, which would allow for a semi-detached dwelling at the premises identified as 475 Meadow Street. Page 2 August 25, 2003 The Chairperson opened the public hearing at 7:04 P.M. Chairperson Prouty read the legal notice and explained the procedure to be followed. Ms. Prouty then introduced the sitting members on this case: Doreen Prouty, Joseph Conte and Gary Suffriti. Mark Schutt, from D.L.Bean ,explained the reason for the Special Permit. The petitioner wishes to semi-attach the two dwellings and they do not meet current front and side yard requirements. If this Special Permit is granted,then the petitioner would like to divide the parcel and sell the vacant portion. Linda Parrotta, 150 James Street, Feeding Hills, asked if the breezeway that will be connecting the two dwellings, will have to be attached to each dwelling. The answer from the Board was yes. Teresa Gonet, 31 Cass Street, Springfield, who spoke for abutter Jeanne Tessicini, 1 I Editha Ave,Agawam, asked what the address would be if the two dwellings were connected. The Board said it would be 475A&475B Meadow Street. Chairperson Prouty made a motion, and it was seconded by Acting Vice Chairperson Conte,to close the hearing at 7:21 P.M. and go immediately into a public meeting. All were in favor,none were opposed. Chairperson Prouty stated that these were preexisting setbacks that were approved and accepted when the dwellings were constructed. Chairperson Prouty called for a vote of.this Special Permit from the members sitting, the result of which was unanimous as follows: Chairperson: Doreen Prouty yea Acting Vice Chairperson Joseph Conte yea Acting Clerk Gary Suffriti yea Chairperson Prouty made a motion, and it was seconded by Acting Vice Chairperson Conte, to close the meeting at 7:30 P.M. All were in favor,none were opposed. 3.Agarest, LLC The.Federal, Case 41698 The Agawam Zoning Board of Appeals held a public hearing on August 25, 2003, at 7:35 P.M., at the Library Conference Room,Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Agarest, LLC, which is seeking a Special Permit in accordance with Section 180-7 of the Zoning Ordinances, which would allow for the construction of an outdoor terrace area to a structure being put to a nonconforming use at the premises identified as "The Federal" 135 Cooper Street. The Chairperson opened the public hearing at 7:35 P.M. Chairperson Prouty read the legal notice and explained the procedure to be followed. Ms.Prouty then introduced the sitting members on this case: Doreen Prouty, Fred Harpin,Joseph Conte. Chairperson Prouty attended the"site visit"August 19, 2043 at 6:00 P.M. She brought a decibel meter with her to measure the amount of decibels normal conversation would emit. A typical reading for normal conversation is around 60 decibels. The reading at The Federal was between 47 and 54 decibels. Abutter, George Andros, 31 federal Street Ext., stated that he has had problems with previous owners of the restaurant regarding noise. He has not had this problem with the current owners/petitioner. The only problem he mentioned was with parking. Page 3 August 25,2003 Chairperson Prouty, stated that the 1983 decision for this property had not been complied with. She said these conditions must be met. Abutter,Gerald Drewes, 22 Federal Street Ext. said there is a fence along the property line that is falling down and he would like to see it repaired. The petitioners explained they have spent so much time and money on the restaurant. They hope to be the last owners of the property and to keep their upscale dining experience in the Town. But without a draw, such as outside dining for the summer months, they will be hard pressed to stay in business. Chairperson Prouty read several letters in favor of the petitioner. Chairperson Prouty made a motion, and it was seconded by Vice Chairperson Harpin, to close the hearing at 8:20 P.M. and go immediately into a public meeting. All were in favor, none were opposed. Member Harpin felt the decibel reading was low, but also that the buffer area between the property and the abutters had to be corrected. Member Harpin said that maybe the petitioner could put up signs in the parking lot to designate additional parking when it was needed. Member Conte asked the Chairperson to write a letter to the petitioner requesting violations from previous case#1024, dated January 17, 1983 to be complied with. The members felt a.Special Permit could be granted for a two year time period. Chairperson Prouty called for a vote of this Special Permit from the members sitting, the result of which was unanimous as follows: Chairperson: Doreen Prouty yea Vice Chairperson Fred Harpin yea Clerk Joseph Conte yea Chairperson Prouty made a motion, and it was seconded by Vice Chairperson Harpin,to close the meeting at 8:30 P.M. All were in favor, none were opposed. A motion was made by Chairperson Prouty, and seconded by Vice Chairperson Harpin,to approve the minutes of July 28, 2003, Case 41698 and Case #1697. All were in favor of approving these minutes,none were opposed. A motion was made by Chairperson Prouty, and seconded by Vice Chairperson Harpin,to close the meeting at 8:50 P.M. All were in favor, none were opposed. Minutes received: Minutes typed: Minutes to Mr.Theroux: Decision received: Decision typed: Decision to Mr. Theroux: Decision mailed: BOARD OF APPEALS PUBLIC MEETING .l•ul-y�28;2003- The following members attended the public meeting: Doreen Prouty, Chairperson Fred Harpin, Vice Chairperson Joseph Conte, Clerk Gary Suffriti, Alternate Trina Davis,Alternate Barbara Brizzolari, Secretary 1. Appeal of. Agarest, LLC The Federal, Case# 1698 The Agawam Zoning Board of Appeals held a public hearing on July 28,2003, at 6.30 P.M., at the Library Conference Room,Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Agarest, LLC, which is seeking�.&,-SpeciaJ.:Pbrmitin,a€4ordance ;with.section.180-7 of Q�dinances, which would allow for the construction of an optdwr tarace.area to.a structure being put to a nonconforming use at the premises identified as "The Federal"at 135 Cooper Street. The Chairperson opened the public hearing at 6:30 P.M. Chairperson Prouty read the legal notice and explained the procedure to be followed. Ms. Prouty then introduced the sitting members on this case: Doreen Prouty, Fred Harpin and Joseph Conte. The petitioner's attorney, Christine E. Webster, of Katz, Argenio&Powers, P.C., explained what the petitioner was seeking in their Special Permit request. There w-,oddbe.awalLwayadded }which would lead.to an outdoor patio area- This area would be at ground level which would accommodate approximately 10 tables with a maximum of 25 people for dinidg. There would be no loud music on this outside area, only soft background music. There would be soft:lighting from candle light and it would be a very quiet, intimate atmosphere. Michael Presnal, 123 Meadow Road, East Longmeadow, one of The 1~ederal's owners and Jonathan Reeser, 21 Silver Street, Springfield, sous chef at The Federal, explained that the use would be limited>-to tlie:niwweatl s;anxk-betw.eeu..the,lraum:cf:3:3f,�E. �tA)4?,34.k;m Ar l R OQ PJA. They reiterated the quite atmosphere they would maintain as to not disturb any of the abutting neighbors. Chairperson Prouty,requested a copy of a plot plan. Clerk Coate stated that the restaurant was allowed its continued use because it was a private club. He doesn't feel this outside patio would be suitable for the area. Vice Chairperson Harpin stated that the restaurant has not been a private club since 1958. He also mentioned that he lives on Federal Street, and has never been bothered by any activity from the restaurant" Attorney Webster said that the Planning Board required:Site Plan approval.for lighting and music decibels. Alternate member, Gary Suffriti,asked what type of material the patio would be made of Mr_Presnal said it would be made of pavers. Member Harpin suggested a"site visit"to see exactly where the patio would be located. Abutter; Donald Taddia, 32 Fait-vww:Street,was concerned about the music and drinking outside. Abutter Gerald Drewes,2ZFederal Street Ext., said the restaurant was not a private club since WWII. He said there was a fence on the property that was falling down, he would like to Page 2 July 28, 2003 see the dumpsters:fenced in, and there was;parking problems when there were large parties. Mr. Kerr Largay, Liquor License Cornrnission, said the petitioners.would need approval for outside liquor serving from the commission. Abutter David Pinney; 142 Cooper Strwt, is concerned ed with-outside-dining and what would happen to the outside dining if ownership changed}. Tammy Pinney, 142,Cooper Street, asked again how may tables would be outside, what would stop the petitioner from having Iarge parties and that parking was an issue on Cooper Street. Alternate member Suffriti,asked if there was a ratio per capacity for parking. Member Conte said there was not. Members would Iike to see a copy of the Certificate of Inspection and any other BOA cases for this address. It was agreed upon by all members to conduct a"site visit"on Monday, August 18, 2003, at 6:00 P.M. A motion was made by Chairperson Prouty and seconded by Vice Chairperson Harpin,to continue this hearing to August 25, 2003 at 7:30 P.M. All were in favor, none were opposed. The chairperson closed the hearing at 7:14 P.M. 2. Appeal of. Sprint Spectrum, L.P. Case#1697 The Agawam Zoning Board of Appeals held a public hearing on June 23, 2003, 6:30 P.M. and July 28, 2003, 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 Sprint Spectrum, L.P., which is seeking a Special Permit in accordance with Sections 180-90 through 180-103 of the Zoning Ordinances,which would allow for the installation of wireless communication antennas and equipment on an existing power stanchion at the premises identified as 198 Springfield Street. The Chairperson opened the public hearing at 7:17 P.M. Chairperson Prouty read the legal notice and explained the procedure to be followed. Ms. Prouty then introduced the sitting members on this case: Doreen Prouty,Fred Harpin and Joseph Conte. Attorney for the petitioner, Daniel Finnegan, said that the report from Radio Frequency Engineer, David Maxon, seemed to address all the issues of the Zoning Ordinance requirements. Chairperson Prouty had a question about the twenty foot(20)extension on the poll. Clerk Conte said that the owner of the property needs to be included as part of removal bond. Chairperson Prouty made a motion, and it was seconded by Vice Chairperson Harpin, to close the hearing at 7:31 P.M. and go immediately into a public meeting. All were in favor,none were opposed. Chairperson Prouty called for a vote of this Special Permit from the members sitting, the result of which was unanimous as follows: Chairperson: Doreen Prouty yea Vice Chairperson Fred Harpin yea Clerk Joseph Conte yea Chairperson Prouty read the conditions that the Board placed on Case 41691, which will pertain to this Special Permit, except for one condition regarding public safety repeater system. Page 3 July 28,2003 Chairperson Prouty made a motion, and it was seconded by Vice Chairperson Harpin, to close the meeting at 7:36 P.M. All were in favor, none were opposed. 3. A motion was made by Chairperson Prouty, and seconded by Vice Chairperson Harpin, to approve the minutes of,Tune 23, 2003, Case#1697 and Case#1696. All were in favor of approving these minutes, none were opposed. A motion was made by Chairperson Prouty, and seconded by Vice Chairperson Harpin, to close the meeting at 8:00 P.M. All were in favor, none were opposed. Minutes received: Minutes typed: Minutes to Mr. Theroux: Decision received: Decision typed: Decision to Mr. Theroux: Decision mailed: Tee.em.� Rf -�U �a4� o a TOWN OF AGAWAM 36 MAIN STREET ~ ` AGAWAM,, MA 01001 y DECISION OF BOARD OF APPEALS Petition of. Agarest, L.L.C. d/b/a The Federal Restaurant and Bar Premises affected: 135 Cooper Street Date: July 9, 2012 Case 9: 1889 The Agawam Board of Appeals conducted several public hearings beginning on June 11,2012,wd ending with a public meeting on July 9, 2012 at the Agawam Public Library Conference RoonZf50 Cooper Street, Agawam, MA for al parties interested in the appeal of Agarest,LLC &b/a The Lderal Restaurant and which is seeking a Special Permit in accordance with Section 180-7 if the Tow►—of Agawam's Zoning Ordinances to allow for the construction of an outdoor dining area addition 9the premises identified as 135 Cooper Street. After the public hearing and after a thorough review of the facts presented, the Agawam Zoning Dard of, Appeals made the following findings: co 1. The subject property is located in a Residential A-1 district. 2. The petitioners wish to create an outdoor dining facility capable of seating a maximum of 30 people. 3. The subject property has been in use as a restaurant since at least 1936. 4. The use of the subject property as a restaurant is not allowed under the current requirements set forth in Section 180-17 of the Town of Agawam's Zoning Ordinances for permitted uses. 5. Section 180-7 (B2) allows for a structure to enlarged in a legal non-conforming use but only after the granting of a permit thereof by the Board of Appeals. 6. Several area residents voiced their concerns both verbally and in written form at the public hearings. 7. The petitioners hired Brooks Acoustics Corporation to conduct an acoustical engineering study to evaluate the potential sound emissions from the proposed outdoor deck. 8. It is the opinion of Brooks Acoustics Corporation that the proposed outdoor seating will have "lillle or no impact on nearby residences". 9. The subject property is an appropriate location given that the subject property has been operated as a restaurant for at least seventy plus years. 10. No evidence was presented to this board showing that the use as developed will adversely affect the health, safety or property value of the neighborhood. 11. No evidence was presented to this board showing that there will be a nuisance or potential hazard to vehicle or pedestrian safety. 12. Adequate and appropriate facilities and controls will be provided for the proper and safe operation of the proposed use. 13. This specific 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 (p.2) Agarest L.L.C. Case# 1889 Based on its findings,the Agawam Zoning Board of Appeals is of the opinion that it is within the authority of this board to grant a special permit as stated under Section 180-7, Paragraph 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 with the following conditions: 1. The proposed structure is to be constructed according to the plans submitted, entitled Agarest, LLC, 135 Cooper Street, Agawam, MA, dated April 13, 2012, drawn by Marc Shute, Professional Land Surveyor with D.L. Bean,Inc. and signed by the members of this board. 2. The maximum number of patrons to be served in the outdoor area shall be thirty(30). Hours for outdoor seating of patrons shall be from 5PM through 9:30PM. The outdoor deck shall be cleared of all patrons by I IPM. 3. Trash pick-up for the outdoor dumpster is to be between the hours of 9AM through 5PM. 4. There are to be no deliveries before 9AM. S. There shall be no live entertainment on the outdoor deck. A background music system that will produce sound levels that are below average conversation levels may be installed. 6. 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. 7. 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. Chapter 30A, Section 17 within 20 days from the date this decision is filed with the Agawam Town Clerk. Attachment: Signatory Page of Decision r yet, A TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MA 01001 4, BOARD OF APPEALS ORq��MP SiMatory Page of Decision Case #: 1889 I Date:july �2012 Applicant: Agarest LLC, dIb/a The Federal Restaurant and Bar Address: 1,35 Cooper Street By a unanimous vote of its three members, the Zoning Board of Appeals hereby grants the petitioner a Special Permit. This approval is subject to the conditions set forth in the attached written decision. ! f Doreen Prouty Gary Suffriti ; James Marmo Gary Geiger (Alternate) Richard Maggi (Alternate) J ! cj..res+ jj �c I b A TOWN OFAGAWAM 36 MAIN STREET AGA WAM, AM 01001 BOARD OF APPEALS EA April 26, 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, June 11, 2012 for the following: Case#: 1889 Petitioner: Agarest, LLC d/b/a The Federal Restaurant and Bar Address: 135 Cooper Street Reason: Seeking a Special Permit in accordance with Section 180-7, of the Town of Agawam's Zoning Ordinances to allow for the construction of an outdoor dining area addition at the premises identified as 135 Cooper Street. Advertise: Thursday May 24, 2012 and Thursday May 31, 2012 Doreen Prouty Chairperson DP/j b CA C t A TOWN OF AGAWAM 36 MAIN STREET f AGAWAM,, MA 01001 BOARD OF APPEALS E ` April 26, 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,dune 11, 2012 for the following- Case#: 1889 Petitioner: Agarest, LLC d/b/a The Federal Restaurant and Bar Address: 135 Cooper Street Reason: Seeking a Special Permit in accordance with Section 180-7, of the Town of Agawam's Zoning Ordinances to allow for the construction of an outdoor dining area addition at the premises identified as 135 Cooper Street. Advertise: Thursday May 24, 2012 and Thursday May 31, 2012 Doreen Prouty , - Chairperson Cn DP/jb C.n -7 rn ri SorA-an 1 f,{ !a 35— CjD)Qof"— Town of Agawam �I r 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 June 8, 2012 Ralph Santaniello c/o Attorney Simon Brighenti, Jr. O'Connell, Attmore &Morris, LLC 71 Park Avenue West Springfield, MA 01089 Dear Attorney Brighenti: At its duly called meeting held on June 7, 2012, the Agawam Planning Board voted to approve the Site Plan entitled "Plot Plan for Proposed Deck, Agawam, Massachusetts, for: Agarest, LLC, 135 Cooper Street, Agawam, MA",prepared by D.L. Bean, Inc. and dated 4-13-2012 with the condition that four copies of the revised plan shall be submitted showing the items that you presented at the meeting: repair and upgrade of dumpster and fence enclosure; additional landscaping to be provided around the proposed deck; proposed deck lighting and other lighting upgrades (lamp replacements, four wall lantern replacements). If you have any questions,.please contact this office at 786-0400, extension 8738. Sincerely, Travis P. Ward, Chairman AGAWAM PLANNING BOARD c TPW/DSD:prk °° T; Cc: ZBA '''_ Bldg. Dept. .. - Eng. Dept. rn a" Town Clerk File 0 • fyyc-v- Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 -� Tel. 413-786-0400 Fax 413-786-9927 February 28, 2012 v '= r= Patrick and Kathleen Baker = 64 Federal Street Agawam, MA 01001 Dear Mr. Baker: =, ca ao ' The Agawam Conservation Commission discussed the Enforcement Order dated ' December 16, 2011 issued to you for your 64 Federal Street property. The Commission voted that once you have purchased the lot behind you and it is combined with your existing land, a Request for Determination of Applicability could be filed for the placement of a shed. If you have any questions, please contact this office at 786-0400, extension 8737. Sincerely, Henry A. Kozloski, Chairman AGAWAM CONSERVATION COMMISSION HAK:prk Cc: Town Clerk File • i [9� edera SA- L11Massachusetts 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 Patrick & Kathleen Baker, Joel La er ren return key. Name Name 64 Federal Street VAQ Mailing Address Mailing Address A awam MA 01001 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: Plan of Property in Agawam, MA prepared far: Patrick M. Baker, Katheen M. Title _ Date Baker&Joel G. La er ren, 64 Federal Street, Agawam, MA March 2012 Title Date __ prepared by Anderson Associates Title Date 2. Date Request Filed: April 23, 2012 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 pVde the#ollowing Determination. 4c:= f v Project Description (if applicable): ;`} Placement of 14' x 26' shed within 200' riparian zone and removal of damaged treand1ush. c1t Project Location: 64 Federal Street _ _Agawam _ Street Address Cityrrown J14 9114 Assessors Map/Plat Number ParcellLot Number wpaform2.doc•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 (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 plans)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. ❑ d. 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.dcc•rev.12115/00 Page 2 V 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetiands fl 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. 1f 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.doa•rev.12/15MO 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.) J ❑ 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 11, 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 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). ❑ESignatures: oC� May 10, 2012 Date wpaf0rm2.d0c•rev.12/15100 Page 4 of 5 TOWN OF AGAWAM CONSERVATION COMMISSION 36 M JN ST.,AGAWAM, MA 01001 78&0400, ext. 245 May 11, 2012 Patrick&Kathleen Baker Joel Lagergren 64 Federal Street Agawam, MA 01001 Dear Mr. Baker: At its duly called meeting held on May 10, 2012, the Agawam Conservation Commission voted to lift the Enforcement Order issued to.you on December 16, 2011. Thank you for your cooperation on this matter. If you have any questions, please contact this office at 786-0400, extension 8245. Sincerely, Henry A. Kozloski, Chairman AGAWAM CONSERVATION COMMISSION . Q r HAK:prk s Copies: Town Clerk File DEP ca Building Inspector 17LMassachusetts 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 16, 2011 computer, use Conservation Commission(issuing Authority) Date only the tab key to move To: your cursor- do not use the Patrick Baker, Kathleen Baker return key. Name of Violator 64 Federal Street � Address 1. Location of Violation: same Property Owner(if different) ; Street Address n �a CityfTowr Zip Code i- J 14 9/14 _ Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate she : - Construction of shed! ara a within riverfront area. r"n 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.7H4I04 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 Januar 12, 2012 - - Date No further work shall be performed until a public hearing has been held and an Order of Conditions has beer 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.7114104 Page 2 of 3 Massachusetts Department of Environmental Protection DEP File Number: L7Bureau of Resource Protection - Wetlands WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Prov;dertbyDEP 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: HenryA. Kozloski 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.- Signature of delivery person or certified mail number wpaform9a,doc-rev 7A4104 Page 3 of 3 1'Q5e rJ rbr r ryL � PrWeLJ TOWN OF AGAWAM, MASSACHUSETTS FORM A Application for Endorsement of Plan Not Believed to Require Approval FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COP WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF � SECTION 11-13 fr mdtLaq 1 20 i 2. 210 TO THE PLANNING BOARD: o 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 'Jo4 0- �'q G P,f Q �9y1f Address �1Yoc s.00 (I PCI Phone&12D)l2a '- Fax# email 2. Name of Surveyor ANtsaa-Ka,) - Address ._]3�� vj,'j c.ns,1 T �'T. T. !�(9 A a)A 01 . n4 pg. Phone# �?z Fax# q!2- Z73-1 7b email P-o11 Fam.5+ e r, mA?t,,cnm 3. Deed of Prope Book CL_L�cation of Property R)AJc l; 1-4 aJ �, e tfie proposal in this submission: l�J Daft? P r4 t c L . ATTACHMENTS-Two originals and three copies of plan by certified land surveyor. a,Fee- $50.00 plus$20.00 per lot. di, Signature of Owner (. Address . r�� 0 St ow nee Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 April 5, 2012 Joel Lagergren 340 Sam Hill Road Worthington, MA 01098 Dear Mr. Lagergren: At its duty called meeting held on April 5, 2012, the Agawam Planning Board voted to approve your plans under "Subdivision Control Law Not Required" for a parcel of land located on Federal Street/Prince Lane. Plans drawn by Anderson Associates and dated March 8, 2012. C Sincerely, _ A AWAM PLANK B 17 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 Lagergren and approved by the Agawam Planning Board for a parcel of land located on Federal Street/Prince Lane has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant odt a sf J Marl aj& Pr of Agawam Town 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 August 13, 2012 Tirone Development Corp. Ma 36 Canterbury Lane ^' Feeding Hills, MA 01030 Dear Mr. Tirone: Xx- At its duly called meeting held on August 2,2012,the Agawam Planning Board voted 3 a f 0 to approve a waiver from Article IV, Section 159-8 (Design Standards), D which ' requires a curb-line radius of 25 feet at the intersection of places and lanes with other streets to allow for reduced curb-line radii of 16 feet at the intersection of Mariell.a Place and Federal Street. In other business, the Board continued the public.hearing for the Mariella Place Definitive Plan to October 4, 2012 as you requested. If you have any questions,please contact this office. Sincerely, Travis P. Ward, Chairman AGAWAM PLANNING BOARD TPW/DSD:prk Cc: Levesque Associates Eng. Dept. Town Clexlr File ` Town of Agawam era 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 November 2, 2012 Joseph Tirone Tirone Development Corp. . t 36 Canterbury Lane Feeding Hills, MA 01030 Dear Mr. Tirone: At its duly called meeting held on November 1, 2012, the Agawam Planning Board approved the Definitive Plan entitled"Mariella Place; Parcel K14 3 13, Lot 1, Federal Street,Agawam, MA, Definitive Subdivision Release Documents"prepared for Tirone Development Corporation,prepared by R. Levesque Associates and dated 7-8-10, latest revision date October 3, 2012 with the following conditions: ■ a Performance Agreement and Covenant shall be executed and submitted to the Board for its signatures; ■ no additional lots shall be created without following the procedure for definitive plan approval as described in Chapter 41 of the Massachusetts General Laws; ■ executed copies of all easements shall be submitted to the Planning Board for its signatures; ■ the homeowners association documents must be submitted to the Planning Board for their review and approval by the Town Solicitor; and ■ Section 159-7 G b of the Agawam Subdivision Rules and Regulations shall be complied with(plan must be approved under the Wetlands Protection Act). --- Two full sets of original plans must be submitted to the Planning Board for signatures. One full set of these plans must be recorded at the Hampden County Registry of Deeds and/or Land Court, whichever is appropriate. Proof of recording must be submitted to the Planning Board for its records. If you have any questions,please contact this office at 786-0400, extension 8738. Sincerely, —21 �� N Travis P. Ward, Chairman AGAWAM PLANNING BOARD TPW/DSD:prk Cc: Eng. Dept., Bldg. Dept., Assessors, Town Clerk, R. Levesque, File �eY ry GREEN MILES LIPTON, LLP ATTORNEYS AT LAW JOHN J.GREEN,JR. HARRY L.MILES ROGER P.LIPTON JOHN M.MCLAUGHLIN* 77 PLEASANT STREET MICHAEL PILL POST OFFICE BOX 210 •ADMrTED ALSO IN CT NORTHAMPTON,MA 01061-0210 (413)586-8218 SUSAN L.MILES FAX(413)584-6278 JOANNE KUZMESKI-JACKSON BRIAN L.BLACKBURN(Dec.) November 20, 2012 VIA FEDERAL EXPRESS TO: Agawam City Clerk Agawam Town Hall 36 Main Street Agawam, MA 01002 RE: Notice of Appeal from Planning Board decision filed November 5, 2012, approving Tirane Development Corp.'s Mariella Place definitive subdivision plan Dear Clerk: The plaintiffs named in the attached Complaint are appealing the above referenced definitive subdivision decision of the Agawam Planning Board. The attached Complaint is incorporated herein by reference and made a part of this Notice of Appeal. Very truly yours, Michael Pill Enclosure Copies with enclosure via email attachment: Clients Copies with enclosure via first class mail: Joseph A. Patella, Esq. Mark Tanner, J.D., M.B.A., Esq. Deborah S. Dachos, Director, and Pamela Kerr, Administrative Assistant, Office of Planning and Community Development, Agawam Town Hall, 36 Main Street, Agawam, MA 01001 M PIcsh/L1.982 Page 1 COMMONWEALTH OF MASSACHUSETTS TRIAL COURT HAMPDEN, SS. CASE NO. 2011 MISC. LAND COURT DEPARTMENT 422675 (Long, J.) MACK A. LYNCH and AGAWAM FUNERAL HOME, INC., Plaintiffs VS. TIRONE DEVELOPMENT CORP, CITY OF AGAWAM, and AGAWAM PLANNING BOARD, consisting of the following persons who are named herein as defendants solely in their official capacity: Travis P. Ward, Chair, Violet Baldwin, David A. Chase, Michael Morassi, Mark Paleologopoulos , Defendants COMPLAINT: (1) SUBDIVISION APPEAL UNDER G.L. c. 41, § 81BB; (2) DECLARATORY JUDGMENT UNDER G.L. c. 231A; (3) EQUITABLE RELIEF UNDER G.L. c. 185, § 1(k); and, (2) FOR ADVISORY RULING UNDER G.L. c. 240, § 14A. 1. This action is brought: (a) Under G.L. c. 41, § 81BB to appeal Agawam Planning Board approval of defendant Tirone Development Corp.'s Mariella Place definitive subdivision plan; (b) For declaratory judgment concerning the property rights of the parties; (c) For equitable relief to implement and enforce the requested declaratory judgment; and (d) To obtain an advisory opinion of the Land Court concerning certain issues detailed below, arising under the Agawam Zoning Ordinance, with the City of Agawam named as a nominal defendant as required by G.L. c. 240, § 14A; and, Page 1 2. Plaintiff Mack A. Lynch resides at and is an owner of the residential premises at 35-37 Federal Street, Agawam, MA 01001, as more particularly described in the deed recorded at Book 16244, Page 590 in the Hampden County Registry of Deeds. 3. Plaintiff Agawam Funeral Home, Inc., a duly organized and existing Massachusetts business corporation with its principal place of business at 184 Main Street, Agawam, MA 01001; it owns the business and residential premises at that address, as more particularly described in the deed recorded at Book 2460, Page 286 in the Hampden County Registry of Deeds. 4. Defendant Tirone Development Corp., a duly organizers and existing Massachusetts business corporation with its prince a ss at 36 Canterbury Lane, Feeding Hills, MA 01030, owns the!46hd off Federal Street in Agawa , more particularly described in the deed recordedat Book 16532, Pa , in the Hampden County Registry of Deeds. 5. The properties of plaintiffs Mack A. Lynch and Agawam Funeral Home, Inc. abut the property of defendant Tirone Development Corp. 6. Defendant City of Agawam, originally established as a town from part of West Springfield on May 17, 1855 by 1855 Mass. Acts. 365, became a city by adoption of a home rule charter on November 16, 1971. 7. Defendant Agawam Planning Board consists of the following persons who are named herein as defendants solely in their official capacity as members of that board: Travis P. Ward, Chair, Violet Baldwin, David A. Chase, Michael Morassi, Mark Paleologopoulos. Page 2 8. The land of the plaintiffs is encumbered by a sewer line easement shown on Hampden County Registry of Deeds Plan Book 22, page 60; terms of the easement are set forth in Hampden County Registry of Deeds Book 1776, Pages 375-376, which states in part as follows: [Grantors-- individual names omitted] ... do by these documents remise, release and quitclaim unto the Town of Agawam, its successors or assigns, all the right, title, interest, claim and demand whatsoever as they have or each of them has or ought to have in or to certain property in the Town of AGAWAM, Hampden County, Massachusetts, said property being a sewer and also easements to maintain, to repair and to reconstruct said sewer located within lands of the grantors, said sewer being more fully described as follows: ... [metes and bounds description omitted] as more particularly shown in red on a Plan entitled "Plan of land, Agawam, Massachusetts, compiled from surveys of 1922, 1927, 1940, 1943 and 1944, prepared by Merrill & Sears, Civil Engineers and dated February 12, 1944," and to be recorded herewith." The intent of this deed is convey to the Town of Agawam the above described sewer in order that said Town may incorporate said sewer in the sewer system of the town of Agawam and the grantors also hereby convey to said Town perpetual easements to enter upon the premises of the said grantors at such time as said Town may deem necessary for the purpose of maintaining, repairing and reconstructing the above described sewer. 9. Defendant Tirone Development Corp., proposes an upgrade by replacing the existing six inch existing sewer line is with an eight inch line, to serve five additional houses (four houses in the proposed Mariella Place subdivision plus an additional fifth house which it appears will also be served by the new sewer line, as shown on Tirone's Mariella Place Definitive Subdivision Plan Sheet C-5, Revision D, dated 11-17-10). 10. The proposed sewer line upgrade is not within the terms of the above quoted easement, which authorizes only "maintaining, repairing and reconstructing the above described sewer." Page 3 11. Any ambiguity in the terms of the above-quoted easement deed should be resolved in,favor of freedom of the land from servitude, meaning that the easement terms must be construed narrowly.' 12. Defendant Tirone Development Corp. proposes to develop on its land a subdivision to be called Mariella Place, with a new subdivision road from Federal Street to the proposed building lots. . 13. The Agawam Zoning Ordinance, §180-8, subsection F(2), states as follows with respect to a required "vision clearance area„ at street intersections: F. Vision clearance. On any comer lot vision clearance shall be provided in the following manner: .., (2) A triangular area free from obstruction shall be provided in which nothing shall be erected or maintained between a point 2 1/2 feet above the street grade and a point eight feet above the street grade and measuring at least 10 feet back from the point of intersection on each of such streets. 14. For the Mariella Place subdivision proposed by defendant Tirone Development Corp., the "vision clearance" areas at the intersection of Federal Street Wth the proposed new subdivision road extend beyond the sidelines of the land belonging to defendant Tirone. 15. Defendant Tirone Development Corp. has no easement or any other legal right to place"vision clearance" areas on the land another for its proposed new subdivision road shown on the Mariella Place definitive subdivision plan. ' In Massachusetts case law, any doubts are resolved against the existence of an easement: "Moubts are to be resolved in favor of freedom of land from servitude." Butler v. Haley Greystone Corp., 352 Mass. 252, 258 (1967). A natural corollary of the rule that doubts are resolving against encumbering land is that the court will seek to minimize the burden imposed by an easement on the servient estate: Mugar v. Massachusetts Bay Transportation Authority, 28 Mass. App. Ct. 443, 445 (1990). This rule was reiterated in Matthews v. Planning Board of Brewster, 72 Mass. App. Ct. 456, 466 n. 11 (2008) ("in the absence of language to the contrary, easements are presumed to be nonexclusive and "doubts are to be resolved in favor of freedom of land from servitude." Butler v. Haley Greystone Corp., 352 Mass. 252, 258 (1967).") Page 4 16. The "vision clearance"areas for Mariella Place definitive subdivision plan, at the intersection of Federal Street with the proposed new subdivision road, constitute a trespass on,the land of neighboring landowners, who include but are not limited to plaintiff Mack A. Lynch. 17. The proposed Mariella Place subdivision will cause increased water runoff, or a rise in groundwater levels, or both, on neighboring land of plaintiff Agawam Funeral Home, Inc. 18. The land owned by plaintiff Mack A. Lynch and defendant Tirone Development Corp. is located in the Residence A-2 Zoning District as shown on the "Town of Agawam Building Zone Map." 19. The proposed Mariella Place subdivision will create violations of the Agawam Zoning Ordinance, which include but may not be limited to, the following violations: (a) §180-8, subsection F(2) "Vision Clearance" as set forth above in this Complaint; (b) §180-25 "Setback requirements" in Residence A-2 Districts: (1) §180-25.A, which states "No part of any building shall be placed within 30 feet of any street line." (11) §180-25.C, which states "On a corner lot, no part of any building shall be erected or altered so as to be less than 25 feet from any street line." 20. The street line of the proposed new subdivision road for the Mariella Place definitive subdivision plan will place existing buildings within 30 feet of that new street line. Scaling the distance from existing buildings shown on Tirone Definitive Subdivision Plan Sheet C-3 confirms that the proposed subdivision road will place six existing buildings within 30 feet of that new street line on both sides of the street, as follows: Page 5 Property of Mack Lynch on north (right) side of subdivision street Plan Sheet C-3: 16.9 feet- House (on side where Lynch bedroom window is located) 13 feet- Garage 19 feet-Shed Pro eLl on south left side of proposed.new subdivision street on Plan Sheet C-3: 19.7 feet- House 14 feet- Garage 13 feet- Shed Note: 16.9' & 19.7' measurements listed above are printed on Tirone Subdivision Plan Sheet C-3. Other measurements are scaled from that plan. 21. The proposed new subdivision road for the Mariella Place definitive subdivision plan will create two new corner lots, and will place one or more existing buildings within 25 feet of that new street line. 22. For plaintiff Mack Lynch, his bedroom is the portion of his house that will be facing (and next to) the proposed new subdivision street for the Mariella Place definitive subdivision plan. 23. In an attempt to evade the provisions of Agawam Zoning Ordinance§180-25 "Setback requirements" in Residence A 2 Districts, defendant Tirone Development has included two very narrow "spite strips" (also known as "reserve strips")with one strip on either side of the proposed new subdivision road for the Mariella Place definitive subdivison plan. 25. The primary purpose of the "spite strips" is to make it possible for defendant Tirone Development Corp. to claim that its proposed subdivision road for the Mariella Place definitive subdivision plan does not create any violation of Agawam Zoning Ordinance § 180- 25 "Setback requirements" in Residence A-2 Districts. 26. The Agawam Subdivision Rules and Regulations require at §159-8(7)that "No new streets shall be designed so as to create zoning violations." Those Regulations also Page 6 state at §159-5.B that "The consent of the Board shall be conditional upon conformance with the applicable zoning ordinances ... ."2 27. The Agawam subdivision regulations require at§159-8(4) that"Reserve strips prohibiting access to streets or adjoining property shall not be permitted." The definitive subdivision plan Sheets C-3, C-4, C-5&C-6 show such reserve strips (also called "spite strips") on both sides of the proposed new subdivision road. These strips are an attempt to evade the above-quoted provisions of Agawam Zoning Ordinance§184-25"Setback requirements" in Residence A-2 Districts. They have no purpose other than making it possible for Tirone to make the sham claims that its proposed subdivision road does not create any setback violation, and that the property of plaintiff Mack Lynch is not being turned into a corner lot by the proposed new Mariella Place subidivison street intersection with Federal Street. First Claims for Relief: G.L. c. 41, § 811313, appeal of planning board decision approving definitive subdivision plan 29. Paragraphs 1 through 28 above are re-alleged as though fully set forth herein. 30. On November 5, 2012, the defendant Planning Board of Agawam filed with the Agawam City Clerk's office its approval of defendant Tirone's Mariella Place definitive subdivision plans; a true copy of that approval is attached hereto and incorporated herein by reference. 31. The attached Agawam Planning Board decision is one or more of the following: 2 Beale v. Planning Board of Rockland, 423 Mass. 690, 694-697 (1996) held that a zoning violation is grounds for disapproval of a subdivision plan even if local subdivision regulations do not require compliance. The Supreme Judicial Court reasoned that G.L. c. 41, § "81 M provides in part that, 'the powers of a planning board ... shall be exercised with due regard for ... insuring compliance with the applicable zoning ordinances or by-laws.' 423 Mass. at 694-695." Page 7 (a) in excess of the Board's authority; (b) arbitrary or capricious or both; (c) based on one or more untenable legal grounds 32. Plaintiffs are aggrieved by the attached decision of the defendant Agawam Planning Board. WHEREFORE, plaintiffs pray: A. That the decision of the Agawam Planning Board approving the Mariella Place definitive subdivision plan be annulled; B. For such other and further equitable relief as the court may deem just in the circumstances. Second Claim for Relief: Declaratory Judgment, G.L. c. 231A 33. Plaintiffs re-allege paragraphs 1 -28 as though fully set forth herein. 34. The land court has jurisdiction of this claim under G.L. c. 231A, §§ 1 & 2. 35. There exists between the plaintiffs and defendant Tirone Development Corp. an actual justiciable controversy within the jurisdiction of this court, concerning the matters alleged above in this complaint. WHEREFORE plaintiffs ask the court to adjudicate and declare the rights of the parties, as set forth in this complaint, and award plaintiffs the costs of this action. Third Claim for Relief (against defendant Tirone Development Corp. only): Equitable Relief, G.L. c. 185,§ 1(k) 36. Plaintiffs re-allege paragraphs 1 -28 as though fully set forth herein. 37. The land court has jurisdiction over this claim for relief under G.L. c. 185, § 1(k). Page 8 38. Equitable relief will be necessary to implement and enforce a declaratory judgment. WHEREFORE, plaintiffs ask the court to issue a permanent injunction implementing and enforcing the declaratory judgment sought by plaintiffs' second claim for relief, and for such other and further equitable relief as the court deems appropriate, and for costs of this action. Fourth Claim for Relief (against defendant Tirone Development Corp. and nominally against the City of Agawam): Declaratory Judgment, G.L. c. 231A 39. Plaintiffs re-allege paragraphs 1 -28 as though fully set forth herein. 40. The Land Court has jurisdiction over this claim for relief seeking an advisory opinion under G.L. c. 240, § 14A. 41. Plaintiffs seek in this action an adjudication of the interpretation and application of certain provisions of the Agawam Zoning Ordinance, including but not limited to the provisions set forth above in this complaint. WHEREFORE, plaintiffs ask the Court to adjudicate the manner and extent to which the provisions of the Agawam Zoning Ordinance are applicable to the land of plaintiffs and defendant Tirone Development Corp., and adjudicate such other and further zoning questions as may arise during this action. and award plaintiffs the costs of this action. Plaintiffs Mack A. Lynch and Agawam Funeral Home, Inc., by their attorney, November 20, 2012 Michael Pill, Esq., BBO#399880 Green, Miles, Lipton & Fitz-Gibbon, LLC 77 Pleasant Street, P.O. Box 210 Northampton, MA 01061-0210 Phone (413) 586-8218; FAX (413) 584-6278; email mpill@verizon.net Page 9 CERTIFICATE OF SERVICE hereby certify that a true copy of the above document was served upon each party appearing pro se and upon the attorney for each other party, as follows: Date, Manner of Service, and person(s) served: November 20, 2012: Via email attachment and via first class U.S. mail with postage prepaid, addressed to: Joseph A. Patella, Esq., Mark A. Tanner, J.D., M.B.A., Esq., Egan, Flanagan and Cohen, P.E. Bacon & Wilson, P.C. 67 Market Street, P.O. Box 9035 31 Trumbull Road Springfield, MA 02201-9035 Northampton, MA 01060-3036 Phone (413)737-0260 Phone (413) 584-1287; email FAX (413) 737-0121 FAX (413) 584-0453 Email jap@efclaw.com email mtanner@bacon-wilson.com Representing Tirane Development Corp. Representing City of Agawam and Agawam Planning Board Michael Pill, Esq. M P1csh1L1.982.Mack&AgawamFuneral Home Page 10 Town of Agawam j` 36 Main Street ,; pwam,Massachusetts 01001-1837 Tel. 413-786-0400 Fax 411-786-9927. 0 November 2,2012 - -Q ca Joseph Tirone L;' Tirone Development Corp. 36 Canterbury Lane Feeding Hills,MA 01030 Dear Mr. Tirone: At its duly called meeting held on November 1,2012,-the Agawam Planning Board approved the Definitive Plan entitled"Mariella PIace,Parcel K14 3 13,Lot 1,Federal Street, Agawam, MA,Definitive Subdivision Release Documents"prepared for Tirone Development Corporation,prepared by R. Levesque Associates and dated 7-8-10,latest revision date October 3.2012 with the following conditions: ■ a Performance Agreement and Covenant shall be executed and submitted to the Board for its signatures; ■ no additional lots shall be created without following the procedure for definitive plan approval as described in Chapter 41 of the Massachusetts general Laws; ■ executed copies of all easements shall be submitted to the Planning Board for its signatures; ■ the homeowners association documents must be submitted to the Planning Board for their review and approval by the Town Solicitor; and ■ Section 159-7 G b of the Agawam Subdivision Rules and Regulations shall be complied with(plan must be approved under the Wetlands Protection Act). Page 11 i -2_ Two full sets of original plans must be submitted to the Planning Board for signatures. One full set of these plaris must be recorded at the Hampden County Registry of Deeds and/or Land Court, whichever is appropriate. Proof of recording must be submitted to the Planning Board for its records. If you have any questions, please contact this office at 786-0400, extension 8738. Sincerely, Travis P. Ward, Chairman AGAWAM PLANNING BOARD TPWIDSD:prk Cc: Eng. Dept., Bldg. Dept., Assessors, Town Clerk, R. Levesque, File Page 12 Haler 4 t TOWN OF AGAWAM FOR OFFICE USF ONLY 36 MAIN STREET Case #: 4 0 AGAWAM, MA 01001 Filet : BOARD OF APPEALS : Hearing: Q Ma Expires: Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and other By-laws, Applicant._ Address 163 Florida Drive - Agawam, MA Application is hereby made for a SPECIAL. PERMIT as provided by Section 180 Paragraph 71 x. (1) :of the By-law. - Premises affected are :situated an Florida Drive Sum; 50 feet distant from the corner of_Channell__Drive SaM and known as street number 163 Property is zoned as Agriculture Reason(s) for request of Special Permit: To construct an addition without a basement to an existing structure. All floor grades are above the.. 100 year flood elevation. A Notice of Intent has been filed with the Conservation Commission. na '' G - W • y M Signature of owner or his authorized agent' David L. Bean, President - Bean, Inc. Telephone #: 562 -7566 NOTICE: THIS APPLICATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN ` � A�.MR3� �S�Sd€tA4F �Y;•�S [aY#Ys4�lAL8dS8.Y ffiP88Y�4 ETfb�PE�78 WOW .ALL MEN 8Y THESE PMENTS, that We RONALD R. R1X and RKHRE M. RIX bomg Qwmwisd,fra waii4natim paid,and in full considem6an of ORE HUNDRED TWELVE THOUSAND � bpgt4 to KE'VIN P. and SUSA �1ANS%, hueband and rife tag tenants by the entirety, e t 0 21 Center Strtbet, Wind-oor Loeha, Connecticut with ORAWNR Certain real estate situated in Agawam, 11aa;pdan County, ttaeaaehueatta, being moon and designated Sao Lot #29 (t•renty nine) as shoim on a plan of lots recorded in Rampft-o County Registry of Deeds :n Book of Plana 61, Pages 90 and 9), said lot being sore particulnriy bounded and desaribed as fallovaa: Bousdibd 2ASTERLT by Florida Drive as shown on said plan, eighty six and 99f144 (06.99) feet, SOtr4ERLY by Lot i28 (twenty eight) as shown on said plan, one hundrmd forty and 221100 (140.22) feAt; WESTERLY by land now or focoarly of Caruso and Antoinpt.te Cocchi, as shave on said place, eighty seven and 01/100 (87.01) feet,, and NORTUMLY by Lot #10 fthirty) as shown on aaid plan, one hundred forty a�L4 021100 (140.02) feat, 5UDISCT to tole and mire rights granted Western Hassachunetts Electric Company ° et at under instrument dated Jonuary 7e 1952 and recorded as aforesaid in Book 2154, Page 506. Ef;l 6 the gaze premises co-aveyed tca us lYy deed of Patar J. i3orey dated Avgu5. 11, 1987 and recorded is Hampden County Regiatry at Deade in Barak 5588, Page 491, Being the premises known as P163 Florida [give. �� i CA V4 N s c co b.€ ` ..,_ 3c ...�._.... � � � s..._....�..�,..._.,....,any�s.. �:� �'.,.........,�9..� - � . :r ...,.. .........,,.............................................. ......... -�r4467�je� ....,........o«...>.................. J _.._.................................................................._.... .............. ........................ .............................. Q SIR 6ftVa==1* Of A8=*Mft Thm yappmred ffie above Ronald P. Rix and Renee ;t. 81x� �•;;� adwalt4rd the fonOng' tto be their Nd y ca = _n a ................. .... 11 a _. . .t .,. . .; ' 0 (�irsd��tsu�t•—,� t T` --•Testa� tea.) CnYM ig9 6 Aff AAMMED IT CHAFM 497 QV t tr4 craw V sxt 41 full in ctai$zaa at de tAwt a"h*Mls r ems an surfer.if r�ae €vra� use.The I,a# eo',s =t MW f V do €ac a m-Tn"— s W3 s v der of € ss� Fiat H aAs i /o/j A TOWN'OF AGA WAM 36 MAIN STREET 't '6' AGA WAM, MA 01001 BOARD OFAPPEALS Ji E March 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, April 23, 2012 for the following: Case #: 1888 Petitioner: Susan and Kevin Mansi Address: 163 Florida Drive Reason: Seeking a special permit in accordance with Section 180-71, Paragraph H of the Town of Agawam Zoning Ordinances to allow for the construction of an addition to a residential structure found to lie within the floodplain at the premises identified as 163 Florida Drive. Advertise: Thursday April 5, 2012 and Thursday April 12, 2012 Doreen Prouty Chairperson N DP/jb 4 �r W - � ji'i TOWN OFAGAWAM 36 MAIN STREET ,1 a. AGAWAM, MA 01001 yc* DECISION OF BOARD OF APPEALS Y a Petition of. Susan and Kevin Mansi - I Premises affected: 163 Florida Drive Date: April 23, 2012 r- Case#: 1888 -- 2 I r� L rn The Agawam Board of Appeals conducted a public hearing and meeting on April 23, 201 at the Agawam Public Library Conference Room, 750 Cooper Street, Agawam, MA for all parties interested in the appeal of Susan& Kevin Mansi, who are seeking a Special Permit in accordance with Section 180-71, Paragraph.H of the Zoning Ordinances, to allow for the construction of an addition to a residential structure found to lie within the flood plain at the premises identified as 163 Florida Drive. I After the public hearing and after a thorough review of the facts presented, the Agawam Zoning Board of Appeals made the following findings: 1. The subject property is located in an area of town zoned Residential A-2. 2. The petitioner is seeking to construct an addition to a residential dwelling on the subject property which has been found to lie within the flood zone as identified by HUD Flood Map 2501330002 A. I 3. Section 180-71, Paragraph A of the Town of Agawam's Zoning Ordinances states: " if any land in the floodplain as defined in Section 180-68 is found by the Board of Appeals not in fact to be at or below the level of the base flood (one-hundred-flood), not to be unsuitable because of drainage conditions, or if the propose action is not inconsistent with the purpose of this Article, the Board of Appeals may grant, after a public hearing with due notice, a special permit for the 4 use or development of such land and for the construction and erection of a building or structure for any purpose permitted in the underlying district, subject to the reasonable conditions and safeguards." 4. Section 180-71, Paragraph H (1) of the Town of Agawam's Zoning Ordinances states "new construction or substantial improvements of residential structures within the Floodplain Zone will have the lowest floor(including the basement) elevated to or above the level of the one- hundred-year flood". 5. The proposed addition will be above the level of the one-hundred-year flood. 6. The proposed addition will meet all zoning requirements. 7. The petitioners received approval from the Agawam Conservation Commission on March 22, 2012 for the proposed work. 8. A memo, dated March 12, 2012, from Sgt. Richard Niles, Safety Officer for the Town of Agawam, stating"... it would appear this proposed addition would have little negative impact on C pedestrian, bicycle and/or motor vehicle safety. DECISION (p2) Susan& Kevin Mansi Case # 1888 9. According to Section 180-72, Paragraph D, "This proposal is for land which lies in the floodplain and meets the requirements of the Floodplain Ordinance." 10. The proposed addition to a residential dwelling is an allowed use in a Residential A-2 zoning district. The subject property is an appropriate location for such a use. 11. The conditions as set forth by this special permit help to insure that the use, as developed, will not adversely affect the health, safety or property values of the neighborhood. 12.No evidence was presented to show that this proposed project would create any nuisance or potential hazards to vehicle or pedestrian safety. 13. The conditions as set forth by this special permit help to insure that 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 character of the neighborhood. Based on its findings, the Board is of the opinion that it is within the authority of the Zoning Board of Appeals to grant a special permit as stated under Section 180-71 of the Zoning Ordinances. Now, therefore, by a unanimous vote of its three members, the Agawam Zoning Board of Appeals hereby grants the petitioner a special permit to allow for the construction of an to a residential structure found to lie within the floodplain subject to the following conditions: t. The proposed addition shall be constructed according the plan entitled " Plan For Proposed Addition for Kevin F. and Susan Mansi, 163 Florida Dr. Agawam, MA," drawn and stamped by Marc Shute, Land Surveyor, of D.L.Bean Inc, 40 School St. Westfield, MA and dated February 17, 2012.Paul Smith, 2. All zoning and building 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 1 M � TOWN OF AGA WAM 36 MAIN STREET ��- AGA WAM, MA 01001 it BOARD OF APPEALS ��ATE�May Signatory Page of Decision Case #: 1888 l Date: April 23, 2012 Applicant: Susan and Kevin Mansi Address: 163 Florida Drive I By a unanimous vote of its three members, the Zoning Board of Appeals hereby grants the petitioner a Special Permit. This approval is subject to the conditions set forth in the attached written decision. -�. G�''� Ce�I►rru7 Doreen Pro�-- ary Suffriti James Marmo Gary Geiger(Alternate) Richard Maggi (Alternate) ,., a ° --v CD r_ N - a'�l 5 Massachusetts Department of Environmental Protection Provided byMassDEP." Bureau of Resource Protection- Wetlands MassDEP File#:087-05-$7 r WPA Form 5-Order of Conditions eDEP Transaction#:46W56 Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Cityffown:AGAW [A CD CD - A. General Information `� • 1. Conservation Commission AGAWAM 2. Issuance a. r OOC b.f Amended OOC 3.Applicant Details a.First Name SUSAN&KEVIN b.Last Name MANSI c.Organization d.Mailing Address 163 FLORIDA DRIVE e.City/rown AGAWAM f.State MA g.Zip Code 01001 4. Property Owner a.First Name SUSAN&KEVIN b.Last Name MANSI c.Organization d.Mailing Address 163 FLORIDA DRIVE e.City/Town AGAWAM f State MA g.Zip Code 01001 5.Project Location a.Street Address 163 FLORIDA DRIVE b.Cityffown AGAWAM c.Zip Code 01001 d.Assessors Map/Plat# L7 e.Parcel/LoO 1/28 f.Latitude 42.0589IN g.Longitude 72.61153W 6.Property recorded at the Registry of Deed for. a.County b.Certificate c.Book d.Page HAMPDEN 7951 542 7.Dates EL Date NOI Filed:2/27/2012 b•Date Public Hearing Closed: 3/2212 0 1 2 c.Date Of Issuance. 3/22/2012 8.17inal Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: Page 1 of 10* ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection- Wetlands MassDEP File#:087-0587 WPA Form S - Order of Conditions eDEP Transaction#.460456 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town.-AGAWAM PLAN FOR PROPOSED ADDITION, AGAWAM,MA FOR D.L.BEAN,INC., 2-28-2012 KEVIN F.AND MARC SHUTE SUSAN MANSI, 163 FLORIDA DRIVE, AGAWAM,MA B. Findings 1.Findings pursuant to the Massachusetts Wetlands Protection Act Following the review of the 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: a. r Public Water Supply b. r Land Containing Shellfish c,r- Prevention of Pollution d. r Private Water Supply e. r Fisheries f. r Protection of Wildlife Habitat g. r Ground Water Supply h. r Storm Damage Prevention i. F Flood Control 2.Commission hereby finds the project,as proposed,is: Approved subject to: a.r The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. 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: b.r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.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 interests of the Act,and a final Order of Conditions is issued.Ai description of the performance standards which the proposed work cannot meet is attached to this Order. c.r 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 interests of the Act,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). 3.7 Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource area specified in 310CMR10-02(I)(a). lineal,feet Inland Resource Area Impacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted AIteration Alteration Replacement Replacement Page 2 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection- Wetlands MassDEP File 4:087-0587 WPA Form 5 - Order of Conditions eDEP Transaction 4:460456 Massachusetts Wetlands Protection Act M,G.L.c. 131, §40 Cltyfrown:AGAWAM 4. r Bank a linear feet b.linear feet c.linear feet T linear feet 5.r Bordering Vegetated Wetland a,square feet b.square feet c.square feet d.square feet 6. r-Land under Waterbodies and Waterways a.square feet b.square feet C.square feet d.square feet e.c/y dredged f.c/y dredged 7.F Bordering Land Subject to Flooding 54 54 681 681 a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage 64.2 64.2 64.5 64.5 e.cubic feet f cubic feet g.cubic feet h.cubic feet 8.f Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c,cubic feet d.cubic feet e.cubic feet f cubic feet 9.f Riverfiont Area a total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft g,square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10.r Designated Port Areas Indicate size under Land Under the Ocean,below 11.r Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13.r Coastal Beaches a.square feet b,square feet c,c/y nourishment d.c/y nourishment 14.l—Coastal Dunes a square feet b.square feet c.c/y nourishment d.c/y nourisliment 15.r Coastal Banks a linear feet h linear feet 16.r Rocky Intertidal Shores Page 3 of 10 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEF Bureau of Resource Protection-Wetlands MassDEP File#:087-0587 WPA Form 5- Order of Conditions eDEP Transaction#:460456 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 Cityffown:AGAWAM a.square feet b.square feet 17.r Salt Marshes a.square feet b.square feet c.square feet d.square feet 18,r Land Under Salt Ponds a square feet b.square feet c.c/y dredged d.c/y dredged 19.r-"Land Containing Shellfish a.square feet b.square feet c.square feet d,square feet Indicate size under Coastal Banks,inland Bank,Land Under the 20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways, above c.c/y dredged d.c/y dredged 21.r Land Subject to Coastal Storm Flowage a square feet b.square feet 22. r Restoration/Enhancement(For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here. a square feet of BVW b.square feet of Salt Marsh 23. r Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. a number of new stream crossings b.number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects L 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. 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. Page 4 of 10 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided byMassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:087-05V L11 ,11 11� WPA Form 5 - Order of Conditions eDEP Transaction#:460456 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:AGAWAM 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. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of any of the foregoing. 8. 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. 4. 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 the 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.. 10. 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'MassDEP"j File Number:"087-0587" 11. 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 Mass DER 12, Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form &A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition 413 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 15. 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. 16. 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. 17. 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 bas been issued by the Conservation Commission. 18. 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 14. The work associated with this Order(the"Project")is(1) 1— is not(2)F subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards,then the project is subject to the following conditions; a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance Page 5 of 10 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection- Wetlands MassDEP File#:087-0587 WPA Form 5 - Order of Conditions eDEP Transaction#:460456 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 CrtyffowmAC3AWA.M with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that:i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification,For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii. any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater Standard 10;iv. all post-construction stormwater BMPs are installed in accordance with the plans(including all planting plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:Q the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes responsibility for maintaining each BMP.To overcome this presumption,the landowner ofthe property must submit to the issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f} The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs, maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the log shall indicate the type of material and the disposal location); 2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon.request;and 3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable Page 6 of 10 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection- Wetlands MassDEP File#:087-0587 WPA Form 5 - Order of Conditions eDEP Transaction#:460456 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City4own:AGAWAM federal,state,and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around stonnwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions: SEE ATTACHED SPECIAL CONDITIONS. Page 7 of 10 *ELECTRONIC COPY TOWN OF AGAWAM, MASSACHUSETTS CONSERVATION COMMISSION ORDER OF CONDITIONS #87-0587—Florida Drive - Mansi 20. This Order supersedes all previous Orders of Conditions issued for this work. 21. 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. 22. 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. 23. Prior to the start of construction, adequate erosion and sedimentation control measures shall be implemented as needed, 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. There shall be no discharge or spillage of oil, fuel, any petroleum product or any other pollutant into any area of statutory interest. 26. The construction site shall be left in a stable condition at the close of each day. Erosion and sedimentation controls shall be continuously monitored to ensure proper operation. 27. 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 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. 29. 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. 30. 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 Provided byMassDEP: Bureau of Resource Protection- Wetlands MassDEP File#d:087-0587 WPA Form 5- Order of Conditions eDEP Transaction#:460456 1� Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/rown:AGAWAM A Findings Under Municipal Wetlands Bylaw or Ordinance 1. is a municipal wetlands bylaw or ordinance applicable?r Yes r No 2, The Conservation Commission herebAcheck one that aoolies): a. r DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1.Municipal Ordinance or Bylaw 2.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 or Condition_s is issued.Which are necessary to comply with a municipal ordinance or bylaw: b. r APPROVES the proposed work,subject to the following additional conditions. 1.Municipal Ordinance or Bylaw 2.Citation 3. The Commission orders that all work shall be performed in accordance with the following 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, The special conditions relating to municipal ordinance or bylaw are as follows: Page 8 of 10'ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands ? 7—yS?-7 r WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c, 131, §40 eDEPT ansaction# Cityrrown E. Signatures 7 This Order is valid for three years, unless otherwise specified as a special -4`� condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuance Please indicate the number of members who will sign this form. 57— — This Order must be signed by a majority of the Conservation Commission. 2.Nu b r of Signers 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,if not filing electronically, and the property owner,I different from applicant. Signatures: ❑ by hand delivery on by certified mail, return receipt requested,gn Date Date F. 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 MassDEP 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 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. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. 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, wpaform5.doc rev.12123M Page 11 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File##:087-0587 WPA Form 5 - Order of Conditions eDEP Transaction#:460456 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:AGAWAM G. 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 this page shall be submitted to the Conservation Commission listed below. AGAWAM Conservation Commission 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: 163 FLORIDA DRIVE 087-0587 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for. Property Owner SUSAN&KEVIN MANSI 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 Rev.annoin Page 10 of 10 *ELECTRONIC COPY i2n Forte i3�1 TOWN OF AGAWAM CONSERVATION COMMISSION 36 MAIN ST,AGA WAM, MA 01001 786-0400, ext. .245 January 23, 2009 Jim Hall & Associates, Inc. 20 Pearson Road Holyoke, MA 01040 Dear Mr. Hall: At its meeting held on January 22, 2009, the Agawam Conservation Commission voted to approve the additional work at 127 Forest Hill Road as outlined in your letter dated January 21, 2009. The Commission requests that you notify the office 24 hours prior to starting this work. Periodic inspections will be made by Commission members. If you have any questions, please contact this office at 786-0400, extension 245. Sincerely, g� Henry A. e6zloski, Chairman AGAWAM CONSERVATION COMMISSION HAK:prk cc: P. Reshamwala, 127 Forest Hill Road s�