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TO 14W OF AGAWAM
CONSERVATION COMMISSION
36 MAIN ST.,AGAWAM, MA 01001
.� 786.0400, ext. 245
September 21, 2010
Suk Hui Forrester
23 Kanawha Avenue
Agawam, MA 01001 `
Dear Ms. Forrester:
At its duly called meeting held on September R, 2010,the Agawam Conservation Commission
voted to lift the Enforcement Order issued to you on June 3. 2010.
Thank you for your cooperation on this matter.
Sincerely,
f �
Henry A. ozloski,'Chai an
AGAWAM CONSERVATION COMMISSION
HAK:prk
cc: Bid. Insp., jo,4 Clerk, DEP,File
' Massachusetts Department of Environmental Protection DEP File Number:
j 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 _ June 2, 2010
computer, use
only the tab Conservation Commission{Issuing Authority} Date
key to move To:
your cursor-
do not use the Suk Hui Forrester
return key. Name of Violator
23 Kanawha Avneue
7° Address
1. Location of Violation:
I Suk Hui Forrester and Ko Bok Hee
Property Owner(if different)
23 Kanawaha Avenue
Street Address
Agawam 01001
City/Town Zip Code
K1 612
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity(if more space is required, please attach a separate sheet):
Filling and grading adjacent to a wetland or possibly in the wetland.
ry
B. Findings
The issuing Authority has determiners 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 beenlis being conducted without a valid Order of Conditions.
❑ the activity has been/is being conducted in violation of the Order of Conditions issued to:
Name Dated
File Number Condition number(s)
wpaform9a.doc•rev 7114104 Page 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 bypEP
B. Findings (cost.)
❑ Other(specify):
C. Order
The issuing authority hereby orders the following (check all that apply):
® The property owner, his agents, permittees, and all others shall immediately cease and desist
from the further activity affecting the Buffer Zone and/or wetland resource areas on this property.
❑ Wetland alterations resulting from said activity should be corrected and the site'returned to its
original condition.
❑ Complete the attached Notice of Intent_ The completed application and plans for all proposed
work as required by the Act and Regulations shall be filed with the Issuing Authority on or before
Date
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
® The property owner shall take the following action to prevent further violations of the Act:
A Notice of Intent must be filed for any work on this property or within 100'of a wetland.
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.7114/04 Page 2 of 3
Massachusetts Department of Environmental Protection DEP Hie Plumber:
Bureau of Resource Protection - Wetlands
`IVPA Form 9A — Enforcement Order
f Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by Dr=P
D. Appeals/Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
Henry A. Kozloski
Name
786-0400, extension 245
Phone Plumber
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:
� r
7CC9 C080 CCCI 9525 5076
Signature of delivery person or certified mail number
wpa`orm9a.doc•rev.7114104 Page 3 of 3
Fibir're r 5uK !4ui
Massachusetts Department of Environmental Protection DEP Fife Number:
Bureau of Resource Protection - Wetlands
WPA'Form 9A - Enforcement Order
t t 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 June 3, 2010
computer, use __.
only the tab Conservation Commission(Issuing Authority) Date
key to move To.
your cursor-
do not use the Suk Hui Forrester
return key. Name of Violator
23 Kanawha Avenue
Address
9. Location of Violation: ;I
Sulk Hui Forrester and Ko Bok Hee
Property Owner(if different)
23 Kanawha Avenue_
Street Address
Agawam 01001
City/Town Zip Code
K1 612
Assessors Map/Plat Number Parcei/Lot Number
2. Extent and Type of Activity(if more space is required, please attach a separate sheet):
Filling and grading adjacent to a wetland.
B. Findings
The Issuing Authority has determined that the activity described above is in violation of the Wetlands
Protection Act(M.G.L. c. 131, § 40)and its Regulations (310 CMR 10.00), because:
® the activity has been/is being conducted without a valid Order of Conditions.
❑ the activity has beenlis being conducted in-violation of the Order of Conditions issued to:
Name Dated
File Number Condition number(s)
wpaform9a_doc•rev_V14/04 Page 5 of 3
Massachusetts Department of Environmental Protection DEP Re Number:
Bureau of Resource Protection - Wetlands
?� WPA Form 9A -- Enforcement Order
` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DE
B. Findings (cost.)
❑ Other(specify):
C. Order
The issuing authority hereby orders the following (check all that apply):
❑ The property owner, his agents, permittees, and all others shall immediately cease and desist
from the further activity affecting the Buffer Zone and/or wetland resource areas on this property.
❑ Wetland alterations resulting from said activity should be corrected and the site returned to its
original condition.
❑ Complete the attached Notice of Intent. The completed application and plans for all proposed
work as required by the Act and Regulations shall be filed with the Issuing Authority on or before
Date
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
® The property owner shall take the following action to prevent further violations of the Act:
Based on today's on-site inspection the following work was agreed upon: stabilize the embankment
and loam and seed to prevent erosion from getting into the adjacent wetland. Any debris in wetland is
to removed. This work is to be completed within ten days and the Conservation Commission is to be
notified when the work has been done for a follow-up inspection.
Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts
General taws 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.
wpaform9aAm•rev-7,114104 - Page 2 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
D. Appeals/Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
Henry A. Kozloski
Name
Phone Number
Hours/Days Available
Issued by:
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 46livery person or Vcifi mail number
wpaformga.aoc•rev,7114M4 Page 3 of 3
I ��
:.................................................... ......... ..... ..................
� .
TOWN OF AGAWAM o FFICE NL �
36 MAIN STREET Case #: Z ell
AGAWAM MA 01001
Filed:
BOARD OF APPEALS Hearing:
A7E0 Mpy Expires:
Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and
other By-laws.
Applicant
Address _Z2 9A ���.��
Application is hereby made fora SPECIAL PERMIT as provided by Section ,
Paragraph of the By-law.
Premises affected are situated on S#rse#; feet distant
from the corner of Street and known as street number 7�
Property is zoned as
Reason(s) for request of Special Permit:
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Signature of owner or his authorized agent:
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Telephone #• r E6 12F4
NOTICE. THIS APPLICATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN
E3l;: C 0998-3-2c__34 r �
KNOW ALL MEN BY THESE PRESENTS, that I, ANNE B. RUELLE
flkla ANNE B. MANCUSO,of Feeding Hills,MA
For consideration paid, and in full consideration of--ONE HUNDRED ELEVEN
THOUSAND AND NO1100 ($111,000.00) DOLLARS--
Grant to JONATHAN KELLEY and CARRIE B. PICCOLI, ay J
of 125 Valley Brook Road,Feeding Hills, MA
with WARR,4NTY COVENANTS
Certain real estate situated in that part of Agawam,Hampden County,Massachusetts,
Q� known as Feeding hills, being known and designated as Lot#35 as shown on a Plan of
�3 Lots recorded in Hampden County Registry of Deeds in Book of Plans 103, Pages 52 and
59, inclusive, said Lot being more particularly bounded and described as follows:
BOUNDED NORTHERLY By Kellogg Avenue, One Hundred Thirty Seven and
831100 (137.83)feet;
DEEDS REG 12
NORTHEASTERLY By the curved line forming the intersection of the HAMPDEN
southerly line of said Kellogg Avenue with the
westerly line of Cambridge Street, an arc distance 19/02197
of Sixty Two and 831100 (62.83)feet;
�( EASTERLY By said Cambridge Street, One Hundred Twenty TAX 506,16
(120)feet; CHCK 506.16
SOUTHERLY By Lot 36 (thirty-six), One Hundred Seventy Eight I726A308 11.49
and 06/100 (178,06)feet. EXCISE TAX
WESTERLY By Lot 34 (thirty-four)One Hundred Sixty Nine and
061100 (169.06)feet.
SUBJECT to pole and wire rights in future undeveloped streets or ways granted to
Western Massachusetts Electric Company and New England Telephone and Telegraph
Company by instrument dated May 13, 1966, and recorded as aforesaid in Book 3185,
Page 324.
SUBJECT to agreement regarding sewage system between Michael L. J. Discenza, Inc.,
and Holyoke Savings Bank dated November 18, 1966 and recorded in the Registry of
Deeds in Book 3229, Page 3 8,if applicable,
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SUBJECT to declaration of restriction as set forth in instrument dated November 23,
1966 and recorded as aforesaid in Hook 3229, Page 52,
SUBJECT to covenant with the Town of Agawam Planning Board as set forth in
instrument dated December 16, 1966, and recorded as aforesaid in Book 3232, Page 528.
SUBJECT to pole and wire rights in streets and in strips six(6)feet wide on both sides of
streets granted to Western Massachusetts Electric Company and New England Telephone
and Telegraph Company by instrument dated March 25, 1968, and recorded as aforesaid
in Book 3326, Pago 48.
Being the same premises conveyed to the Grantor herein by deed of TERRIL L.
MANCUSO dated April 14, 1981 and recorded in the Hampden County Registry of
Deeds in Book 5093, Page 336.
97TN&RV my hand and seal this 26"day ofAujwt, 1997
ANNE B. RUELLE WWa ANNE
B. MANCUSO
COMMONWEALTH OF MASSACHUSETTS
Hampden, ss August 26, 1997
Then personally appeared the above named ANNE B.RUELLE alkla ANNE B.
MANCUSO and acknowledged the foregoing instrument to be her free act and deed
before me.
Warren J. Jack . otary b is
My Commission Expires; June 19, 2003
DONALD S. AFMI~, R6rC'+1MR
WPM routs WRY OF DEM
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Parcel Address: 72 KELLOGG AV Scale: 1"=74' (1:887)
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� TOWNOFAGAWAM
36 MAIN STREET
r; •
AGA WAlII,, MA 01001
.BOARD OF APPEALS
E
June 7, 2012
The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library
Community Room, 750 Cooper Street, Agawam, MA, beginning at 6:45 P.M., Monday, July 23,
2012 for the following:
Case #: 1895
Petitioner: Jon Kelley
Address: 72 Kellogg Ave.
Reason: Seeking a Special Permit in accordance with Section 180-8,
Paragraph B of the Zoning Ordinances, which would allow for the
construction of a fence within the setback portion at the premises
identified as 72 Kellogg Avenue.
Advertise: Thursday July 5, 2012 and Thursday July 12, 2012
Doreen Prouty
Chairperson
DP/jb *�
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N =.
A
TOWNOFAGAWAM
0� 36 MAIN STREET Utl
AGAWAM, MA 01001
DECISION OF BOARD OF APPEALS
Petition of. Jon Kelley J
Premises affected: 72 Kellogg Ave.
Date: July 23, 2012 1 J
N
Case#: 1895 C
'
The Agawam Zoning Board of Appeals conducted a public hearing and meeting on July 23, 201t
Agawam Public Library Community Room, 750 Cooper Street,Agawam, MA for all parties inte=ted i J
the appeal of Jon Kelley,who is seeking a Special Permit in accordance with Section 180-9,Parpi(aph B J
of the Zoning Ordinances, which would allow for a fence in excess of four feet situated within thF rn J
setback portion of a corner lot at the premises identified as 72 Kellogg Avenue.
After the public hearing and a thorough review of the facts presented, the Agawam Board of Appeals
made the following findings:
1. The subject property is located in an Agricultural zoning district.
2. The petitioner wishes to erect a six-foot fence within the side yard setback of the subject property.
I Section 180-8, Paragraph B states: "...fences may be erected by special permit to a height in excess
of four feet, but not to exceed six and one-half feet on the setback portion of any corner lot perimeter J
only." J
4. The subject property is an appropriate location for the fence in question.
5. No evidence was submitted demonstrating that the fence in question would have an adverse affect on
the health, safety or property value of the neighborhood.
6. The fence in question is situated so that there will be no nuisance or potential hazards to vehicular or
pedestrian safety.
7. The location of the fence in question will provide for the proper and safe operation of its use. J
8. The fence in question is not considered to be 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 Board of Appeals J
to grant a special permit as stated under Section 180-8, Paragraph B of the Zoning Ordinances of the
Code of the Town of Agawam.
Now,therefore,by a unanimous vote of its three members,the Zoning Board of Appeals hereby grants
the petitioner a special permit to allow for a fence in excess of four feet with the following conditions:
DECISION
(Page 2)
Case # 1895
1. The fence in question shall be constructed as shown on the plan submitted which has been signed
by the members of this board.
2. This special permit is for the fence only.
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.
This decision is subject to appeal in accordance with M.G.L. Ch. 40A, Section 17 within 20 days after
this decision is filed with the Agawam Town Clerk.
Attachment: Signatory Page of Decision
TOWN OF AGAWAM
36 AL41N STREET
AGAWAM,, MA 01001
y `gym BOARD OF APPEALS
�D Ma
Signatory Page of Decision
Case #: 1895 I
Date: July 23, 2012
Applicant: Jones }
Address: 72 Kellogg Ave.
G
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By a unanimous vote of its three members, the Zoning Board of Appeals hereby grants the Sr
petitioner a Special Permit.
_ _J3
This approval is subject to the conditions set forth in the attached written decision. =;
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Doreen P uty "*ffriti James Marmo
Gary Geiger(Alternate) Richard Maggi (Alternate)
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Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
Lei] WPA Form 9A - Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Violation Information
Important: This Enforcement Order is issued b
When filling out Y:
forms on the Agawam _ _ February 15, 2012
computer, use Conservation Commission(Issuing Authority) i Date
only the tab
key to move To:
your cursor-
do not use the Jean Cressotti
return key. Name of Violator
84 Court
� AddressresS
1. Location of Violation:
same
Property Owner(if different)
Street Address
City/Town Zip Code r7 r
88 214 ".'
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheel$t =
Cutting of trees and brush in resource area.
7-
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 beenlis 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)
wpaform9aAcc•rev-7J14I04 Page 1 of 3
L1Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
1 WPA Form 9A -- Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
❑ Other(specify):
C. Order
The issuing authority hereby orders the following (check all that apply):
The property owner, his agents, permittees, and all others shall immediately cease and desist
from the further activity affecting the Buffer Zone and/or wetland resource areas on this property.
❑ Wetland alterations resulting from said activity should be corrected and the site returned to its
original condition.
❑ Complete the attached Notice of Intent.The completed application and plans for all proposed
work as required by the Act and Regulations shall be filed with the Issuing Authority on or before
Date
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
® The property owner shall take the following action to prevent further violations of the Act:
Contact Conservation Commission office immediately to schedule a site visit at 786-0400, ext. 8737.
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_7114/04 Page 2 aF 3
i
Massachusetts Department of Environmental Protection pEp pile Number:
Bureau of Resource Protection - Wetlands
WPA Form 9A - Enforcement Order
Massachusetts Wetlands Protection Act M.G,L. c. 131, §40 Provided by DEP
D. Appeals/Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
Henry A. Kozloski
Name _
786-0400, extP245 _
Phone Number
Hours/Days Available
Issued by:
Agawam _
Conservation Commission
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission and ratified by majority of the members at the next scheduled meeting of the
Commission.
Signatures;
y
Signature of delivery person or certified mail number
wpaform9a.doc•rev.7114104 page 3 of 3
�LI 1��sQ15 Cou�b .
Town of Agawam
+fir •.
�€ 36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
February 28, 2012 ;
rn
w :F�
Jean Cressotti n
64 Kosak Court
Feeding Hills, MA 01030 N
w
ao
Dear Ms. Cressotti: r i
At its duly called meeting held on February 23, 2012,the Agawam Conservation
Commission voted to lift the Enforcement Order issued to you on February 15, 2012.
You are allowed to maintain the swale on your property. Please be advised, however,
that any cutting of trees in the resource area that you feel would be necessary for the
protection and safety of your house will require a filing with the Conservation
Commission.
If you have any questions, please contact this office at 786-0400, extension 8737.
Sincerely,
Henry A. Kozloski, Chairman
AGAWAM CONSERVATION COMMISSION
Cc: DEP
Town Clerk
File