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H Planmnj p mrd I z� Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 May 7, 2012 Brian Morrissey Citizens Energy Corp. 88 Black Falcon Avenue Center Lobby, Suite 342 Boston, MA 02210 .L Dear Mr. Morrissey: At its duly called meeting held on May 3, 2012, the Agawam Planning Board voted to approve the plan entitled"Rivermoor-Citizens Agawam, LLC, HP Hood Solar N �~ ;3y Development Project, Agawam, Massachusetts",prepared by Tighe &Bond and date w November 2011, Revised 3-06-12. If you have any questions, please contact this office at 786-0400, extension 8738. s ; Sincerely, Ln Travis P. Ward, Chairman AGAWAM PLANNING BOARD TPW:prk Cc: Building Inspector Eng. Dept. Town Cleo File p 7r fir✓ To wer of Agawam 36 Main Street Agawan4 Massachusetts 01001-1837 'Tel. 413-786-0400 Fax 413.-786-9927 February 6, 2009 . c+ John Grimaldi f 102 Lee Street E < East Longmeadow, MA 01028 =16` Dear Mr. Grimaldi: Cl At its duly called meeting held on February 5, 2009, the Agawam Planning Board voted to retm-A your Definitive Subdivision application and filing fee for property on Harvard Avenue. In so doing, the Board has determined that this submission does not meet the requirements of a Definitive Subdivision filing. There are legal issues that must be resolved prior to submission of Definitive Plan. In particular, the Board requests that you obtain a determination on the'-use of the paper street for your individual driveway. This office will process your refund immediately and .you will receive it in the mail. If you have any questions, please contact this office at 786-0400, extension 283. Sincerely, Violet Baldwin, Acting Chairman AGAWAM PLANNING BOARD VB/DSD:prk cc: Ron Huot Town Solicitor Engineering Dept., Town Clerk, File i i 1 1 . 1 APPLICATION FOR APPROVAL OF DEFINITIVE PLAN Cl- 00 HARVARD AVENUE T� = AGAWAM, MASSACHUSETTS '=t 1 l 1 PREPARED FOR r JOHN GRIMALDI ' PREPARED BY ANDERSON ASSOCIATES SURVEYORS 375 WALNUT STREET EXT. P.O. BOX 382 t 1 AGAWAM, MASACHUSETTS 1 1 1 HARVARD AVENUE ' Harvard Avenue is paper street which begins on North Westfield Street and ends at Cambridge Street. There is an area of wetlands that is in the middle of the proposed roadway and extends both north and south into adjoining properties. The owner has four ' lots on the south side of this road and intends to combine all four lots into one parcel containing 114,069 s.f of land (2.62Ac.). ' The parcel is serviced with existing sewer and water stubs that were installed in this proposed roadway when Cambridge Street was constructed. ' Included in the submittal are the following items: ' 1. Notarized statement of interest in the land. 2. Environmental study that has been filed by Environmental Services and with the Town Conservation Commission. ' 3. Plans and waivers. r 4. Statement of time-development sequence. 5. Plan sequence of development. 6. Town-Development relationship study. 7. Reports of test borings, etc. S. Certified copy of Deed. 1 We offer this information for your review and anticipated approval. 1 1 1 1 ' APPLICATION 1 1 1 1 1 1 1 ' I'IHK-W-,LWb 1J•JtS I UW14 U1 HUHWHI'I (bu Ojc'Y 11.U- F AG*1 `OWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSET TS 01001 ' y ark Tel. 4I3-786-040. �R'fED Py cY� Form C APPLICATION FOR APPROVAL CF .DEFINITIVE PLAN c- y FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND A COPY WITH ' THE TOWN CLERK IN ACCORDANCE WITH REQUIREMENTS OF SECTION IIT-B.0 - ' to . Agawam ' To the Planning Board: \ The undersigned herewith submits the accompanying Definitive «, Plan of property located in the Town of Agawam for approval as a subdivision under the requirements of the Subdivision Control Law and the Rules and Regulations Governing the Subdivision of Land of the Planning Board in the Town of Agawam. F 1.' Name of Applicant 1 I Address �- S , r L6n 2. Name of Engineer or Surveyor _a " xers p ' Address 3 7s Vy 19 L_/V-U'T- S-E X-T� 61 Cl hg, 3. Deed of Property Recorded in Registry 2e Book Page 1� _ 4. Location and Description of Property: (Attached sheet) . ' 5. A list of the documents included in this application shall accompany notice to the Town Clerk. ' Documents required to be submitted with this notice: a. Notarized statement of interest in the land . b. Environmental Study. ' C. Plans and specifications. d. Statement of time-development sequence. e. Plan of sequence of development. ' f. Town--Development relationship study. g. Reports of test borings, etc. h. Certified Copy of Deed ' Your attention is -directed to Section I1I , B. B of the Subdivision Rules and Regulations requiring the posting of a bond or recording of a covenant BEFORE approval can be given. Signature of owner , Address �- ' NOTORIZED STATEMENT OF INTEREST 1 1 1 1 Agawam Planning Board STATEMENT OF INTEREST 1 Data � The petitioner certifies that he is the authorized representative of the owner of all lands contained rwithin the description of the subject petition and that he has option to purchase such lands . Re : Agawam Planning; Board .Case Pdo. ' (Name) (Address) 1 COMMONWEALTH OF MASSACHUSETTS ' HAMPDEN ss Date 3-10- o6 t There personally appeared before me, on the above data, �.� =1 rnLQ d to me known to be the person ' described in and who executed the foregoing document g g r Nota Public 3 My commission expires i ' STATEMENT OF TIME DEVELOPMENT ' PLAN OF SEQUENCE OF DEVELOPMENT March 14 2006 John Grimaldi 102 Lee street East Long.,Ma. 01028 iRE:Harvard Ave. Feeding Hills,Ma.01030 Statement of time development sequence: Estimated start date of street and utilities construction ASAP upon approval of difinitive plan. Estimated date of completion,one year from start. Tenative sale price of homes$300.000-$350.000 ' Type of homes,Colonial style ' Builder-Developer John Grimaldi P r' L L 1 TOWN-DEVELOPMENT RELATIONSHIP STUDY 1 1 ` 1 ` 1 1 HARVARD AVENUE Approximate house size and pricing as follows: .1 House size range from 1800 s.E to 2400 s.f. Price range from $300,000 to $350,000 r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 rr FORAt L"-PERCOLATION TE= FORM tl SOIL EVALUATOR IMRM Pike 3 of 3 Location Address or Lot 00. 3� LocarionAddrersair Lot Na. � COMMONWEALTH OF MASSACHUSETTS a.t+ "eL , Massachusetts ntlo NlethQd tilled: Percolation Test' ' l� 021e: iT- `d "Time: ❑ Depth observed standing in observation hale inches ❑ Depth weeping from side of observation hole inches + ob&ervation hole A + ❑ Depth to soil mottles_M_Inches 00 C 4: ❑ Ground water adjustment_5�_feet Depth of Perc �1 Index Well[dumber Reading Oate index well level Start Fie-soak Adjustmsnt lectorAdjusted ground water[ever r� I L W_ J End Presoak Depth of Nsturdjly Time at 12" Does at least four feat of naturally occurring pervious material exist inpf�*as Time at 9- observed throughout the area proposed lot the soil absorption system? - 1 . . If not, what is the depth of naturally occurring pervious material! rmla at 6' Time 1 Cerdfiaatlon f1s.e Man.•inch I comfy that on Idetal I have passed tits soil,evaluator axertmfnbtion approved by the eprirtment oil Environmental Protection and that the above anal ysis Minimum of 1 percoration test must be performed in both the primary area AND well performed by me consistent with the required•trainfng,expertise and experience re ry see a:ea. described in 310 CM 15.017. f��y�; -0 SJile P"ssscd Z Si-&Failed signature ' Date s� Performed ey: Robert Warelli n Witnessed BY — -• — _ _ -- Comments-. s Jl prru*eo.aorow•u�ri�u otr.rraa+'mroex.u.ran e W ti piz a r • m ' n Y ifl IL rN v .S f o' o a .J t/1 11 V 4 a M Tm E Co u �► n oe I i t t 1 O O0. ` ti iIL cu 0 JJ R C w � a ~ r Wtu ...t` w Y u i0 N r ❑ ❑ C O Ad 44 o H • Rol ❑ _ • ~ U W z. z z w.1 v F s { � e � ❑a yy w _ G ... � � pp � $ � 3 v • � .• -n�i� -Irnr C CQ�r7r C� 7T SR[17./4T JTT 1 1 1 1 1 1 1 ' CERTIFIED COPIE OFO6ED 1 1 I 1 1 1 t 1 71946 81.I8A86'1'11 !4. GR33171LpI et 234 1lapla Street, Agawan. Naspdea Oss44. bFiRE W �.nddwat001 11�eA M feB aees41a4OM of The Thou sand and N01casts to Jew GRIMALDI ' of 234 Maple Stf:eAt. Agafraw. Hampden County. Kasaashusetts, t-lummi- lNkWin A"wafa. Naspdan county, masssclwaatts• bounded described as follows BEING .lots nwsbere4 thirty-seven (37), thirty-eight (36), thirty- ' nine (39), and Carty (40) all as showp on the Plan entitled "Rambling Acres, Agavan, (lass. " recorded Sa the Hawpden County Registry of Deeds in Book of Plans 103, pages 52 through 59. inclusive, to rhiah plan as so recorded reference is Eby made for a more partlaular description Of said lots. SU4d8CT to drainage across lots thirty-eight (38) and thirty-olne (34). as eh*tm an said plan. SIMJECT to agree4wnt sat forth in lostrumeAt dated August 31, 1%12, ~' recorded as aforesaid in Book 1727, Pa9s 25. SUBJECT to affy rights, restrictions and "Ra+nants of record, it any nor in force and applicable. SEIM the safes prMlaas conveyed to the Grantor herein by deed of Rambling flares, Inc., dated April 5. 1978, reamded in the Hampden County Registry of beads in took 4583. Page 193. 1 Paul • •' AAI�?DSlf a. a i lip Thm parsmgly oppftW do&%ovt named Slisaboth H. Mdi X asd aOw fond kokuu mt to Le r 1 SEP28 p x. r ill,-- bv �B0 FR014 iilE[1REBItiF4 K1r t4 MIPIa Octcher. 17, 1991 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Harvard Avenue ' ARTICLE IV - Design Standards Section 159-8 Streets A. Location and Alignment. 1. Waiver requested since Harvard Avenue is a paper street and we only want to construct one single family home with access from a driveway a ' roadway is not necessary. 2. If waiver is granted than items 2,3,4,5 and 7 do not apply. ' B. Type of street Waiver of type of street is requested since only a driveway would be ' constructed. C. Design requirements Waiver for requirements since a street will not be constructed. ' ' D. Intersections. ' Waiver requested since only a driveway would be constructed. t ' E. Dead-end Street ' Waiver requested since only a driveway will be constructed. 1 1 1 ' Section 159-9 Typical Cross Section Waiver requested since only a driveway will constructed. ' Section 159-10 Easements Only easement is existing easement shown on plan. ' Section 159-11 Sewage Existing sewer stub from Cambridge Street to be used. Section 159-12 Drainage ' Drainage for driveway and home to be contained on site. ' Section 159-13 Water Existing water stub from Cambridge Street to be used. Section 159-14 Other Utilities Existing electric,telephone and cable from Cambridge Street to be used. Section 159-15 Open Spaces ' None provided. ' Section 159-16 Protection of Natural Features Only trees in proposed driveway and home site to be removed. 1 t Section 159-17 Pedestrian Ways and Bicycle Paths None provided. Section 159-18 Preconstruction Conference ' Notice will be given prior to installation of utilities. Section 159-19 Street and Roadway ' Waiver requested since only a driveway will be constructed. +' Section 159-20 Sanitary Sewer Waiver requested.Contractor will install a cleanout every 300' or at every ' angle point in the sewer service line. Sewer to have a minimum of 4' of cover. Section 159-21 Drainage ' Waiver requested as only a driveway will be constructed. ' Section 159-22 Water Waiver requested. A 1"cooper line will be installed from the existing stub to the proposed single family home. Section 159-23 Sidewalks, Tree Belts and Pedestrian and Bicycle Paths ' ' Waiver requested since only a driveway will be constructed. ' Section 159-24 Utilities A. Street Iights Waiver requested. t B. Underground electric,telephone and cable to be installed. Also if gas is available it will be installed underground. Section 159-25 Inspections All inspections that will be required will be done by the appropriate department. 1 Section 159-26 Shade Trees ' Waiver requested since a street will not constructed. Section 159-27 Clearing and Grading .' Only trees to be cut will be so that driveway and house can be constructed. ' Section 159-28 Loam and Topsoil Loam and topsoil to remain on site and used to grade around house. ' Section 159-29 Permits ' All permits will be applied for prior to construction. Section 159-30 Excavations ' Excavations will be properly backfilled and well compacted as soon after p 1� Y p installation of pipe,etc. as is possible. ' ' Section 159-31 Protection of Natural Features. ' Only trees to be cut as needed to construct driveway and home. Section 159-32 Cleaning Up Cleanup to be done as soon as is possible. 1 , 1 1 Section 159-33 Monuments All monuments and property corners to be installed as soon as is possible. ' Section 159-34 Street Acceptance ' Waiver requested since only a driveway to be constructed. 1 1 y t 1 t 1 Massachusetts Department of Environmental protection ?� Bureau of Resource Protection - Wetlands DEP File Number: WPA Form SB — Certificate of Compliance 87-0545 Massachusetts Wetlands Protection Act M.G•L_ c. 131, §40 Provided by DEP A. Project Information -.-. DENML Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Barry Britton, Project Manager-Construction Resources, Inc. computer, use Name only the tab key to move 316 Main Street, Building C your cursor- Mailing Address do not use the Farmington CT 06032 return -key. City/Town State Zip Code V 14 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: American Renal Associates Name 6-12-08(original)- 10-23-0$(amended) 87-0545 Dated DEP File Number 1 The project site is located at: Harvey Johnson Drive A awam Street Address Cit /Town K12 1111 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Genesis Health Ventures Property Owner(if different) Hampden County Book ages Certificate - 4. A site inspection was made in the presence of the applicant, or the applicant's agent, one ; Date i a, C 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: wpaform 8b,doc•rev.12115M Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: Certificate has been denied as the site construction and work has not been completed. C. Authorization Issued by: Agawam 8/27/09 Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See Appendix A). Signatures: a He Ko o v Mark ck T1 cker Steven as iatsos wpaiorm 8b doc•rev.12/15100 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cunt.) Notary Acknowledgement Commonwealth of Massachusetts County of Hampden 27th August 2009 On this Day Of Month Year before me, the undersigned Notary Public, personally appeared os Name of Document Signer proved to me through satisfactory evidence of identification, which waslwere personal knowledge Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that helshe signed it voluntarily for its stated purpose. As member of Agawam Conservation Commission City/Town Signature of Notary Public Pamela R. Edmunds Printed Name of Notary Public Place notary seal and/or any stamp above June 4, 2010 My Commission Expires{)ate) wpaform 8b.doc•rev.12/15100 Page 3 of 3 r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 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: American Renal Associates 87--0545 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampden County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform 8b-doc•rev.12115100 Page 4 of 3 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 87-477 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 an the Attorney David Young _ computer,use Name J only the tab key to move 62 Suffield Street your cursor- Mailing Address do not use the Agawam _ MA Oi 041 return key. CltylTown State Zip Code ,Q 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Thelma Kerr&Gary Brown Name April 11, 2002 $7-477 Dated DEP File Number 3. The project site is located at: =: } Lot 14 Hemlock Ride Feeding Hills — ' Street Address City/Town C14 _ 1141 Assessors Map/Plat Number Parcel/Lot Number c, the final Order of Condition was recorded at the Registry of Deeds for: CD co Property Owner(if different) Hampden 12921 14 County Book Page Extension Permit- Book 14024 Page 146 Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: Date B. Certification Check all that apply: ❑ Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ® Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: Lot 14 Hemlock Ridge wpaform 8b.doc•rev.12/15YOO - Page 1 of 3 Massachusetts Department of Environmental Protection � - Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cunt.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Agawam 4-9-09 Conservation Commission pate of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See Appendix A). Signature : F Ha Jim' Messic hery Becker M a r15 o Steve oug as wpaform 8b.doc•rev.12115100 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Fife Number: WPA Form 8B -- Certificate of Compliance 87-477 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cost.) Notary Acknowledgement Commonwealth of Massachusetts County of Hampden On this 9th Of April _ 2009 Day Month Year before me, the undersigned Notary Public, personally appeared Fred Harpin, Jill Messick, Sherd Becker, Magda Galiatsos_, Steven_Douglas, Name of Document Signer proved to me through satisfactory evidence of identification, which was/were MA drivers licenses Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Agawam Conservation Commission CityrFown f� �7 Signature of Notary Public Pamela R. Edmunds Printed Name of Notary Public Place notary seal and/or any stamp above .tune 4, 2010 My Commission Expires(Date) wpaform 8b.doc•rev.12i 15100 Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 87-477 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Agawam Conservation Commission Please be advised that the Certificate of Compliance for the project at: Lot 14 Hemlock Ridge 87-477 _ Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampden County for: Property Owner T —and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform 8b.doc•rev.12M5100 Page 4 of 3 r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix A -- DEP Regional Addresses �1 Massachusetts Wetlands Protection Act M.G.L. c. 131, �40 _ Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western region Adams Colrain Hampden Monroe Piltsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield, MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfreld Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bemardston Egremcnt Holyoke New Marlborough Sheffield Westhampton 81andford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesberough North Adams Shueesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whateiy Chademont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granvifle Leyden Otis Springfield Williamstown Chesterfield Great Bunington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Chariton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster WorCeSter,MAGI 605 Alf , Dudiey Hc}fiston Northborough Southborough Westborough Phone: 508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax: 508 792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Gakham Sterling Wes Hord TDD:508-707-2788 Bellingham Gardner Littleton Oxford Slow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Soxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside drive Acushnel Dennis Gay Head Middleborough Raynham Truro Rlbeboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rocl,eslw We4ttleet Phone: 508-946-2700 Bamstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax: 508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD:508-946-2795 Brewster Edgartown Kngston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Marshpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefeld 1 Winter Street Andaver Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston, MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone: 617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex LYnn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherborn Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveiand Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfleld wpaform8b.dec•Appendix A•rev.41101o9 Page 1 of 1 1� W C7 �C­3 �M x .. ca t!7 � Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Pile Number: WPA Form 8B -- Certificate of Compliance 87-0545 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 L11 I Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer,use Genesis Healthcare LLC, c/o Norman_G. Hill, Land Plannin , !g nc. only the tab key Name _ _ — to move your 214 Worcester Street cursor-do not —use the return Mailing Address key, Grafton _MA 01536 Gity/Tawn State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: American Rena!Associates �. Name 6-12-t)8 on ina�10-23-08 (amended) 87-0545 Dated DEP File Number 3. The project site is located at: Harvey Johnson Drive Agawam Street Address City/Town K12 1111 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for.- Genesis Health_Ventures _ Property Owner(if different) Ha� mpden County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: Date wpafrrr8b.doc•rev.12/23109 WPA Form 813,Cartificate of Compliance•Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: L11 WPA Form 8B — Certificate of Compliance s7-a5a5 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: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions_ ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Agawam 9-8-11 Conservation commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See http://www.mass.gov/dep/about/region/findyour.htm)- Signatures: vsf r� wpafrm8b,doc•rev.12f23169 WPA Form 88,Certificate of Compliance•Page 2 of 3 Y L7Massachusetts Department of Environmental Protection , Bureau of Resource Protection - Wetlands DEP Fife Number: WPA Form SB — Certificate of Compliance 87-0545 1 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: '--- -----------------------------I---------------------------------------------------------------- Agawam Conservation Commission Please be advised that the Certificate of Compliance for the project at: Heritage Woods- Harvey Johnson Drive 87-0545 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampden _ County T 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 wpakm8b.doc-rev.12123109 WPA Form 8B,Cerlificate of Compliance-Page 3 of 3 TOWN OF AGAWAM CONSERVATION,COMMISSION _ 36 AMIN ST ,AGAWAM, MA Opt 001 �--- 78&0400, ext. 245 September 9, 2011 ry*i n rq tQ g r Heritage Woods-Genesis Health Ventures of MA s 3 415 MacFarlan Road ?. 3c'; Kennett Square, PA 19348 o To Whom It May Concern: r` At its duly called meeting held on September 8, 2011,the Agawam Conservation Commission voted to issue a Negative Determination of Applicability for the proposed parking lot expansion at Heritage Woods on Cooper Street. The Commission also voted that the proposed stormwater management facilities associated with this project do not constitute a resource area now or in the future. If you have any questions,please contact this office at 786-0400, extension 245. Sincerely, )q• Henry A. ozloski, Chairman AGAWAM CONSERVATION COMMISSION HAK:prk Cc: DEP Town C14//, File Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands I 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 heritage Woods-Genesis Health Ventures of MA same return key. Name Name 415 MacFarlan Road _ Mailing Address Mailing Address Kennett Square PA 19348 _ City/Town State Zip Code City/Town State Zip Code rerun 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Existing Conditions Plan for Parking Expansion Located At Heritage Woods August 9, 2011 Title Date Agawam, MA Owned by Genesis Health Ventures of Mass., Inc. Title Date Title Date 2. Date Request Filed: August 24, 2011 B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Addition of 37 paved spaces to the existing parking lot and construct additional stormwater management facilities. Project Location: 61 Cooper Street _ Agawam Street Address Cityfrown K13 4125 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•rev,12115/00 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands t� WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc•rev.12115CO Page 2 of 5 , Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ & 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. wpaferm2.doc•rev.1211 WO Page 3 of 5 M. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required.- Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on _ September 9, 2011 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 roperty owner(if different from the applicant). ❑Signatures: September 8, 2011 Date wparorm2.doc-rev 12115M Page 4 of 5 III l� ..................... . �.................................._.... .............................. : TOWN OF AGA WAM FQ417OFFICEfUONLYs� 36 MAIN STREET Case #„ AGA WAM, MA 01001 Filed BOARD OF APPEALS '_ Hearing D Mph Expires Application to Board of Appeals for VARIANCE from the requirements of the Zoning By- laws. Applicant !lat l;Q xcl_ ca_ r� k o(ja- _ AddressAl/a Application is hereby made for a VARIANCE from the requirements of SectionlAQ_ , Paragraph P2 of Zoning Ordinance. Premises affected; ZL'a -4 _ {J-Gvyr y l J ��ddres� Property zoned as: _ 1. Description of existing building: Zvi a. Size of building:,a C Height: # of stories b. Occupancy or Use: (of each floor) C. Date of Erection: -LOC27 d. Has there been a previous appeal, under zoning on these premises ? 2. Description of proposed work or use: .212 e_ C_/. eff:: 411— r � r I w 3. The principal reasons upon which I b my applicatio are as follows: e e3e2 r �a� Signature of owner or his authorized agent: Telephone#:_(413) 7&�(2„3�_ Q� T NOTICE. THIS APPLICATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN 3U4-30-20M 13-56 FROM DAVID R LADIZKI PC M 15613337276 P.05 07-0 4 44�G4�r'Q3 21 P 18 WARRA- NTY DR & D M+M ALL ISSN BY n=19 PRRSMS, that 1, ANTEMY A. ANULONB, of 13529 59th Court North, West Palm Beach, Florida for consideration paid in the amount of ONE H=RED THIRTY BIGHT 'iaOUSAND AND DO/100 ($138,000.00) DOLLARS grant to 1WR NATA7MXOV and HATA'[YA ICA7.'A=1MVA , husband and rife, as tenants by tine entirety of 30 West School Street, West Spri_ngf'ield, Hampoen County, Massachusetts With warranty Covenants i Commencing at a point about two hundred seventy six (276) feet want from Bridge-Street; and running thence NORTEMY about one hundred (100) feat; thence WHSTHRLY about one hundred twenty (120) i �. feet to land now or formerly of Hannah Collins; theme SOUTBHUy t�hance�$A9�Y by a Waid Hannah est Hi h about refit =about�orid�hued twenty (120) feet to the point of beginning; said lots are numbered to (10) and twelve (12) on the plan lost of the Agawam Canal Company �3 in Book 365, page 129. Bain the same premises @� g conveyed to the grantor herein by deed of Jobn R. McGowan, et als dated September 28, 1998 and recorded in Hampden County Registry of Deeds Book 10469, Page 382. Witness my hand and seal this day of , 2002. Nj i Signed, seal and delivered iA the presence of K. ANZALOU Hampden, or.. 3uig 1. 2002 Then personally appeared the d ANTIMONY A. AM2AD= � and atcknov3edged t I�oing st t ee act and deed, before me, �,IM L Occ man �, - ., My Commission F-Vires: �� t.( � b.2— x iN i .• ..ram saw ad wn;d on of thy[ o r _ • PAM) BRIvE PA- V FW. PAVCO Dkw., � c : +�iD i i �,e_ : ' 71 $ . � 3 r r J. 3k z '? its, 4 4 fill X gt "as p 2 t { �t t g .yam �m Y r� YY Y � y" 3A. S4. WAR at,im wo 70 j j4 k } Fr. r 11 h • Kc a�tL ��°� . AIL 'OWN OF AGAWAM { 36 MAIN STREET AGAWAM, MA 01001 BOARD OF APPEALS August 9, 2011 The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library Community Room, 750 Cooper Street, Agawam, MA, beginning at 7:00 F.M., Monday, September.26,2011 for the following: Case #: 1879 Petitioner: Natalya Katalnikova Address: 114 High Street Reason: Seeking a Variance from the Town of Agawam Zoning Ordinances: Section 180-32, Paragraph A to allow for a residential structure to exceed the height requirement and Section 180-34, Paragraph A to allow for a residential structure to exceed the side yard requirement at the premises identified as 114 High Street. Advertise: September 8, 2011 and September 15, 2011 Doreen Prouty Chairperson DP/j b v GC7 Cis 3 3 3� 3 cri w no ca ra rn KI4 -�01 114 TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MA 01001 BOARD OF APPEALS !� E August 9, 2011 The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library Community Room, 750 Cooper Street, Agawam, MA,beginning at 7:00 P.M., Noonday, September 26, 2011 for the following: Case#: 1879 Petitioner: Natalya Katalnikova Address: 114 High Street Reason: Seeking a Variance from the Town of Agawam Zoning Ordinances: Section 180-32, Paragraph A to allow for a residential structure to exceed the height requirement and Section 180-34, Paragraph A to allow for a residential structure to exceed the side yard requirement at the premises identified as 114 High Street. Advertise: September 8, 2011 and September 15, 2011 Doreen Prouty Chairperson DP/jb y C)3 Am D CA w a ZI TOWN OFAGAWAM O� 36 MAIN STREET q `Q � AGAWAM,, MA 01001 � DECISION OF BOARD OF APPEALS v Petition of: Natalya Katalnikova N �, Premises affected: 114 High Street J Date: October 24, 2011 N 3V D` ., o Case#: 1979 l The Board of Appeals conducted several public hearings and a meeting between September 26, 2011 and October 24, 2011 at the Agawam Public Library Community Room, 750 Cooper Street, Agawam,IVIA J for all parties interested in the appeal of Natalya Katalnikova, who is seeking a Variance from the Town of Agawam Zoning Ordinance, Section 180-32, Paragraph A to allow for a residential structure to i exceed the height requirement and Section 180-34, Paragraph A to allow for a residential structure to exceed the side yard requirements at the premises identified as 114 High Street. After the public hearings and after a thorough review of the facts presented, along with a site visit,the Agawam Board of Appeals made the following findings: 1. The subject property is located in a Residential B district. J 2. The petitioner previously received a Special Permit (case# 1786, dated April 9, 2007) for a two story, 4-room addition to be built onto the rear of the legal non-conforming residential dwelling. J 3. The petitioner is now seeking a Variance from Section 180-32 (A) and 180-34 (A)of the Town of J Agawam Zoning Ordinances. J 4. Section 180-32 (A) of the Town of Agawam Zoning Ordinances states: "a dwelling.....shall not exceed 2 1/2 stories or 35 feet." I 5. The petitioner built a 3 story dwelling with a height of 28 feet. 6. The interior of the new addition has been framed to house 6 roorns and 3 baths; 2 rooms plus a full bath on each of the three stories. k 7. Section 190-2 of the Town of Agawam Zoning Ordinances defines a story as: "The horizontal portion through a building between floor and ceiling. The word "story" shall not include the portion of the basement or cellar of a building above grade or an attic as defined in this section". 8. Section 180-2 of the Town of Agawam Zoning Ordinances defines an attic as: "The space between the ceiling of the top story of a building and its roof which is not used for living, sleeping, or eating J quarters". 9. Section 180-34, Paragraph A of the Town of Agawam Zoning Ordinances states: "There shall be a side yard between a principle building and each side lot line..._one, one-and-one-half or two story or J two-and-one-half-story buildings, the side yard shall not be less than 15 feet in its least dimension. J 10. The existing non-conforming structure has a side yard of 13 feet. The previously approved plan shows a 15 foot side yard for the new addition. 11. The petitioner has constructed a hatchway beyond the previously approved side yard. DECISION (p.2) Natalya Katalnikova Case # 1879 12. It is the opinion of the Agawam Zoning Board of Appeals that the petitioner is on violation of Section 180-32 (A) which does not allow for a 3 story dwelling. 13. It is the opinion of the Agawam Zoning Board of Appeals that the petitioner is on violation of the previously approved Special Permit, Case # 1786, dated April 9, 2007,which was granted for a two story, four room addition. 14. It is the opinion of the Agawam Zoning Board of Appeals that the constructed hatchway is in violation of Section 180-34 (A) which lies within the side yard requirement for Residential B zoning districts. 15. The Agawam Zoning Board of Appeals has found that the petitioner has not shown that the denial of this variance would involve substantial hardship, financial or otherwise, as required under Massachusetts General Laws, Chapter 40A, Section 10. The petitioner's reason for the request of this Variance is to create more living space for the family. Now therefore, by a unanimous vote of its three (3) members, the Zoning Board of Appeals hereby denies the petitioner a Variance from Section 180-32, Paragraph A and Section 180-34,Paragraph A to allow for a residential structure to exceed the allowed height and side yard requirements within a Residential B district. Furthermore,the petitioner must remove the existing violations of the residential structure and must comply with the Special Permit granted on April 9, 2077, Case# 1786. This decision is subject to appeal in accordance with M.G.L. Ch.40A, Section 17 within twenty (20) days after this decision is filed with the Agawam Town Clerk. Attachment: Signatory Page of Decision yet, TOWN OF AGAWAM 36 MAIN STREET �• AGA WAM,, MA 01001 a; BOARD OF APPEALS ATf D Mpy Signatory Page of Decision Case#: 1879 I Date: October 24, 2011 Applicant: Natalya Katalnikova Address: 114 High Street By a unanimous vote of its three members, the Zoning Board of Appeals hereby denies the petitioner a Special Permit. Of Doreen Prou Gary Suff Ranrities Marino G4 Geiger(Alternate) Richard Maggi (Alternate) Y +aI\N'jKdUA TOWN OF AGAWAM Y 36 MAIN STREET AGAWAM, MA 01001 � DECISION OF BOARD OF APPEALS p Mp Petition of Natalya Katalnikova Premises affected: 114 High Street Date: June 11, 2012 Case#: 1879 (Amended) The Agawam Zoning Board of Appeals conducted a public hearing on June 22,2012 at the Agawam Public Library Conference Room, 750 Cooper St, Agawam, MA to amend the decision of CaseV1879j Natayla Katalnikova and add time limits to the decision which pertains to the premises identifiqLas 114: High Street. After a thorough review of the facts, the Agawam Zoning Board of Appeals made the followmA findings: 1. On April 9, 2007 (Case# 1786),the petitioner received a Special Permit to construct a tw*ory, 4'� room addition to the rear of the existing legal non-conforming residential structure. 2. Since the granting of this Special Permit,the petitioner constructed a three story, 6 room addition. Also constructed was a hatchway in violation of the side yard requirements as allowed under Section 180-34(A)of the Town of Agawam's Zoning Ordinances. 3. On October 24, 2011,the petitioner applied for and was denied a Variance for the three story, 6 room addition and the hatchway. 4. The petitioner was instructed to comply with the originally granted Special Permit and remove all violations. I 5, Time limits for the petitioner to comply were not included in the denial of the requested Variance (Case# 1879). 6. The petitioner states that due to the health of her husband and lack of financial means, complying with the originally granted Special Permit (Case# 1786) would be very difficult to achieve. Although this board is sympathetic to the petitioner's situation, it is also noted that the petitioner is j responsible for creating the existing violations. The petitioner was granted s special permit for a two story, 4 room addition and instead built a three story, 6 room addition plus added a hatchway which was not included in the original plans. Therefore,by a unanimous vote of its three members, the Agawam Zoning Board of Appeals has decided to give the petitioner a six month time frame (from the date this decision is stamped in at the Town Clerk's office)to comply with the original decision granting a special permit (Case# 1786). DECISION (page 2) Katalnikova Case# 1879 If the petitioner does not comply with the original decision granting a special permit (Case# 1786, dated April 9,2007)within the allotted time frame as described above, fines shall be imposed by the Inspector of Buildings in accordance with Section 180-16 1/2 of the Town of Agawam's Zoning Ordinances. Qa4n,)L-7 Doreen Prouty(/ G Geiger Oames Marmo C Cl A7 L7 Cfl i-j �-t 1•� A TOWAI OF AGAWAM 36 MAIN STREET AGAWAM, MA 01001 yti •'r' BOARD OF APPEALS E w April 30, 2012Cn 3 N The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library Community Room, 750 Cooper Street, Agawam, MA, beginning at 7:00 P.M., Monday, .tune 11, 2012 for the following: Case#: 1879 Petitioner: Natalya Katalnikova Address: 114 High Street Reason: For the amendment of Case # 1879, Natalya Katalnikova to add time limits to the decision which pertains to the premises identified as 114 High Street. Advertise: Thursday May 24, 2012 and Thursday May 31, 2012 Doreen Prouty Chairperson DP/jb s C ries� 1 2013 MAY f b AM 9: 45�ih�� TO: TOWN TREASURER DATE:5-2-13 SUBJECT: PERFORMANCE BOND FILE#: 8438 At an officially called and posted meeting held on 5-2-13, the Planning Board voted in favor of setting $3950 as the amount required to be filed with the Town Treasurer to cover performance for a period of two years by developer otherwise known as Charles R. Calabrese for project known as High Meadow IV. This is to cover lots#4. The Board reserves the right to review the bond amount at the time the applicant desires to post security. - ,00 J Planning Board Chairperson � ."1 sin •+ r .r YWI 2013 MAY 1 u QM 9' 45��, TO: TOWN TREASURER DATE:5-2-13 SUBJECT: PERFORMANCE BOND FILE#: 8438 At an officially called and posted meeting held on 5-2-13, the Planning Board voted `-0 in favor of setting $3950 as the amount required to be filed with the Town Treasurer to cover performance for a period of two years by developer otherwise known as Charles R. Calabrese for project known as High Meadow IV. This is to cover lots#4. The Board reserves the right to review the bond amount at the time the applicant desires to post security. Planning Board Chairperson 1 Town of Agawam `€ 36 Main Street Agawam, Massachusetts 01001-1837 �-{ Tel. 413-786-0400 Fax 413-786-9927 n �L � D C gr- August 30, 2011 3rn v coo -n r Charles R. Calabrese rrn 10 Woodside Drive Agawam, MA 01001 Dear Mr. Calabrese: Please be advised that the Performance Agreement for High Meadow IV will expire on October 4, 2011. The Board will be discussing the status of this subdivision at their September 151h meeting. If all work has not been completed on this phase, you must submit a written request for an extension prior to that meeting. If you have any questions, please contact this office at 786-0400, extension 283. Sincerely, Travis P. Ward, Chairman AGAWAM PLANNING BOARD TPW/DSD:prk cc: Westfield Bank, Engineering Dept., Building Dept., Town Clerk, File rahWad �v Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 4.13.-786-9927 M September 20, 2013 Charles R. Calabrese . 10 Woodside Drive Agawam, MA 01001 Dear Mr. Calabrese: At its duly.called meeting held on September 19, 2013,the Agawam planning Board voted to extend the Performance Agreement for High Meadow IV to June 1, 2014. Attached is a punch list prepared by the Agawam Engineering Department and dated September 19, 2013. Please be advised.that the Board is requiring that item #4 (erosion control and seeding)be addressed immediately-or within two creeks. If you have any questions,please contact this office at 786-0400, extension 8738_ Sincerely, 1 Travis P. Ward,Chairman AGAWAM PLANNING BOARD TPW/DSD:prk .— co Cc: Engineering Dept. Town Clerk. File TOWN OF AGAWAM t _ Department of Public Works 1000 SufeId Strut • Agawam,MA 01001 Tel (413) 8210600 • Fax(413) 8210631 Christapber I Golba . Saperintendent _ ol;Axnu To: Planning Board ' CC: Charles Calabrese,File From: Engineering Division Date: September 19 2013 Subject: Punch List for Anvil Street--High Meadow IV Per your request.Engineering has.prepared the following punch list for the items ruing to be completed for I1igh Meadow IV Subdivision:. 1. Lot 2 is under construetion and Lots 5&6 are still undeveloped. 2. Several sidewalk panels have cracked on Lots: Z 4 & 6 and other section of sidewalk couldn't be inspected because it was covered with dirt and vegetations. I The developer needs to clean the.street and catch basins. 4. All disturbed, stockpiled and.bare.tree belt areas need to.be graded; loamed and seeded. This needs to be done as soon as possible to-allow for vegetation to be established before winter. Erosion control matting is recommended on sloped areas susceptible to erosion. . Silt.feaice and hay bales shall be . properly maintained as.necessary. 5. The developer needs to provide'a minimtun of 2 shade trees per lot. Engineering reserves the right to add items to this punch list if approved items are discovered damaged prior to the release of the band. If you have any questions please do not hesitate to conw this division,. Sincerely, r Vladimir Cfoeres Nlicbeile C..Chase,P.E. . Civil Engineer I Town Engneeir s:,.,b�,�I,med�r-pSu,lJibmd.mta4lbooa� xolp.eoo p�Gh oper�7 RELEASE OF PERFORMANCE AGREEMENT This is to certify that the Agawam Planning Board has released all Lots as shown on a plan of lots entitled "Plan of Property, Agawam Massachusetts, Joaquin Bernardes Hope Farms Drive, James J. Elasmar, 94 Senator Avenue, Agawam, Massachusetts", approval-date: April 30, 1981" which plan is recorded with the Hampden County Registry of Deeds in Book of Plans 197,Page 72, from a Performance Agreement between Alexander D. Pedro and Joaquin D. Bernardes and the Town of Agawam dated June 23, 1981 and recorded in the Hampden County Registry of Deeds in Book 5127, Page 161. AGAWAM PLANK B ARD v � s 2 ri 3 70 Lnrho r, DATE COMMONWEALTH OF MASSACHUSETTS Hampden, ss. January 19, 2012 Then personally appeared the above-named, Travis P . Ward , Violet E. Baldwin , Mark Paleologopoulos , Micheal J .Morassi , David A . Chase members of the Agawam Planning Board, and acknowledge the foregoing to be their free act and deed before me. -h Jul�a o ary Public My Commission Expires: Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Applicability WPA Form 2 — Determination of A pp � Y 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 Theresa Lavimodiere same return key. Name Name `f1 43 Howard Street Ma V r�� Mailing Address Mailing Address _Agawam MA 01001 cityffown State _ Zip Code Cityffown State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: assessor's parcel map 4/29/09 Title Date Title Date Title Date 2. Date Request Filed: A ril 29, 2009 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): installation of 18' round above-ground pool Project Location: 43 Howard Street Agawam Street Address City/Town 116 2/27 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•rev.12115/00 Page 1 of 5 Massachusetts Department of Environmental Protection ?F-- Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) islare applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority(i.e„ Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the fling of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. the boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s)and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the fling of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s)and document(s) is subject to review and approval by Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc•rev.121151p0 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Actor the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.dec-rev.12115100 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (coat.) ❑ 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 15 , 2009 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 appli }. L_i_I ignatures: May 14 , 2009 Date wpaform2.doc•rev.12115= page 4 of 5 qCo "\Kr ^s GrQpQe G-c- C�'Pa1r� Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 87-234 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 Warren Jacks only the tab key Name to move your 1380 Main Street, Suite 408 cursor-do not use the return Mailing Address key. Springfield MA 01103 City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: DePName alPacella Name 12-10-87 87-234 Dated DEP File Number 3. The project site is located at: 46 Hunter's Greene Circle(lot 10) _Agawam Street Address Cityfrown 13 2/20 Assessors Map/Plat Number ParceYLot Number the final Order of Condition was recorded at the Registry of Deeds for: DePalma/Pacella Property Owner(if different) Hampden 6724 304 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: Date wpafrmeb,doc•rev.1w3w WPA Form aH,Canificare of Compliance•Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form SB — Certificate of Compliance 87-234 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP S. 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: 46 Hunter's Greene Cirice Lot 10 ❑ 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: 7 Agawam 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 htt :l/www.mass. ovlde laboutlre ion/find our.htm). Signatures: wpafrm8b.doc•rev.12Y23M WPA Form 8B,ceiEificate of Compliance•Pape 2 of 3 4 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 87-234 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: -----------------------------------------------------------------------------------------------_--- A�awa►n Conservation Commission Please be advised that the Certificate of Compliance for the project at: lot 10 Hunters Greene Circle 87-234 Project Location DEP File Number Has been retarded at the Registry of Deeds of: Hampden County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b.doc•rev.f 2/23M WPA Form 8B,Certificate of Compliance•Page 3 of 3 Si,�lla �1, -73b_^�lere 11C� H urriexl5 C�reQru� Ct r_ Massachusetts Department of Environmental Protection — Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General information Important: When filling out From: forms on the swam computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the James Sullivan return key" Name Name 94 Beveridge Boulevard Mailing Address Mailing Address Westfield MA 01085 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: Town of Agawam GIS Map J3 1 37 4/29/10 Title Hate Title Date Title Date 2. Date Request Filed: May.4, 2010 B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made.the following Determination. Project Description (if applicable): proposed 24' x 28'garage behind existing house Project Location: 116 Hunter's Greene Circle _ Agawam _ Street Address City/Town J3 1137 Assessors Map/Plat Number Parcel/Lot Number wpaforrr2-doc•rev.12115I00 Page 1 of 5 L Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cunt) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection.Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel an 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). Staked haybales shall be placed at the top of the slope prior to and during construction. ❑ 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. wpeform2.dec•rev-12115W Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Lill Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and documents) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4.The work described on referenced plan(s)and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s)and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc•rev.12115100 Page 2 of 5 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, §44 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw 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 / 'r-1- I� 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). 11 ]Signatures: May 13, 2010 Date wpaform2-dec•rev-12115100 Page 4 of 5