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L� " L' f�lannrn� $bard / 08A L�v1AfA AGAWAM PLANNING BOARD February 26, 2013 MEMBERS PRESENT: Travis P. Ward, Chairman Violet E. Baldwin Mark R. Paleologopoulos MEMBERS ABSENT: David A. Chase Nicholas Pandolfi ALSO PRESENT: Deborah S. Dachos Mr. Ward called the meeting to order at 12:15 PM. 1. VOTE TO BE PETITIONER—Zoning Amendment—"Low Density A-3 Community" Motion was made by Mr. Paleologopoulos and seconded by Ms. Baldwin that the Planning Board act as the petitioner on a proposed zoning amendment entitled"Low Density A-3 Community". VOTE 3-0 The meeting adjourned at 12:20 PM. w co TOWN OFAGAWAM CONSEtVA ON CC1MAUSSION 36 MAIN ST.,AGAWAM, MA 01001 --•— 786.0400, ex . 245 June 25, 2010 Anthony Sylvia, P.E., Superintendent Agawam Department of Public Works 1000 Suffield Street Agawam, MA 01001 Dear Mr. Sylvia: At its duly called meeting held on June 24, 2010, the Agawam Conservation Commission voted to lift the Enforcement Order issued to the Town of Agawam on October 13, 2009 for dumping on Liquori Drive. The Commission would like to thank you for your cooperation on this matter. If you have any questions, please contact this office at 786-0400, extension 245. Sincerely, Henry A. Kozloski, Chairman AGAWAM CONSERVATION COMMISSION HAK:prk cc: DEP, Town Clerk, File A � TOWN OF AG 4 WAM 36 MAIN STREET AGAWAM, MA 01001 BOARD OF APPEALS EA April 2, 2008 The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library Conference Room, 750 Cooper Street, Agawam,MA,beginning at 6:30 P.M.,Monday,May 12, 2008 for the following: Case #: 1824 Petitioner: Vladimir& Svetlana Kaletin Address: 81 Liberty Street Reason: Seeking a Special Permit in accordance with section 180-7, Paragraph B of the Zoning Ordinances to allow for the construction of an addition to a nonconforming structure with less than the front setback yard at the premises identified as 81 Liberty Street. 00 Vic, v� Advertised: April 24,2008 and May 1, 2008 _ fV U)_ Doreen Prouty Chairperson f DPljb J gI BOARD OF APPEALS PUBLIC MEETING Mal 12, 2008 The following members attended the public meeting: ,aU��rA�l, MASS. Doreen Prouty- Chairperson 08 ., u!1 James Marmo -Vice Chairperson Joseph Conte-Clerk Betty Manchino - Secretary 1. Case#1824-Kaletin Chairperson Prouty opened this public hearing at 6:30PM by reading the public notice. Sitting on this case was Prouty, Mamro and Conte. The petitioners were not in attendance so Chairperson Prouty made the motion to proceed the meeting with Item#4 seconded by Vice-Chair Marmo. 2. Approval of minutes from April 4d'and April 28ffi Chairperson Prouty made the motion to accept the minutes seconded by Vice Chair Marmo vote was unanimous to accept the minutes. 3. Case# 1824-Kaletin The public hearing was reopened at 6:35PM. Representing the petitioner was Constantine Skovorodin, 17 Allen Street Agawam, MA the interpreter for the Kaletins. He explained that the residencp-St 81 Liberty Stree s built prior to the current zoning laws and the Kaletin's wish to add�"dition to the b aid side of this structure for their family residence. Chairperson Prouty questioned if this house was located on the end of the street or in the middle of Liberty Street which is zoned agricultural. She was advised it was in the middle of the street. Chairperson Prouty read intot he record a letter of opposition from Christopher Brown, 71 Liberty Street who questioned how many families would be residing at this residence and was advised it was one family the Kaletins. Chairperson Prouty opened the hearing to those in attendance and Ms. Claire Drohen, 90 Liberty Street who was opposed to this addition as it was close to the road. She read into the record a letter from the residence at 82 Liberty Street, the Charest's who opposed this addition because it is already a non-conforming house. Ms. Graveline, 70 Oak Lane, opposed this addition if it was to enlarge their garage as she believes there was auto painting going on in their garage. She was advised by Mr. Skovorodin that Mr. Kaletin recently purchased and auto and was repainting it at one time but that was the only time there was work being done in the garage. Mr. Conte advised Ms. Graveline if she felt there was some business going on in this garage she should notify the building inspector in writing and he would investigate this matter. Chairperson Prouty explained the twenty day appeal process and the board went into a public meeting at 6:50PM. Chairperson Prouty stated this permit was a pretty straightforward request and made the motion to accept this application with the normal conditions, built according to plans, register with the 1 Hamdpen County Registry of Deeds, addition must be built within two years, and this residence must be a single family dwelling. VOTE Marmo-Yeah Conte-Yeah Prouty-Yeah Unanimous vote permit granted. 4. Case 41818-Cirlllo Chairperson Prouty reopened this public hearing at 6:50PM. Sitting on this case were Marmo, Prouty and Conte. Chairperson Prouty stated the reason for another public hearing as the abutters were not notified of the last public hearing(an oversight on the secretary). Chairperson Prouty opened the meeting to those in attendance and speaking against this permit was Lueleen Jodoin, 1736 Main Street. She opposed this permit because of her concerns about increased traffic and the impact on the surrounding property values. She also had concerns about the hours of operation and the lighting of the parking lot. Ms. Jodoin thought Mr. Cirillo was seeking a variance but Chairperson Prouty explained that they are already zoned for business and Mr. CirilIo is zoned properly for the request he is seeking. As far as the lighting of this area it should have been addressed by the Planning Board. Mr. Conte stated that what Ms. Jodoin was requesting the board had no control over these issues. No one else wished to speak in favor or against this permit. Chairperson Prouty explained the twenty day appeal process andclosed the public hearing at 7:OOPM and the board went directly into a public meeting. Chairperson Prouty made the motion to accept this special permit as originally written and voted. VOTE Manno-Yeah Conte-Yeah Prouty-Yeah 5. Case#1819-GFI Longbrook Chairperson Prouty opened this public meeting at 7:OOPM by reading into the record a letter from Attorney Pacella requesting a four week extension for this public meeting. Chairperson Prouty made the motion to reschedule this public meeting until June 23'd at 6:3OPM seconded by Mr. Marmo. Chairperson Prouty made the motion to adjourn seconded by Mr. Conte. All in favor meeting closed at 7:1OPM. 2 Town of Agawam Ise 36 Main Street Agawam, Massachusetts 01001-1837 ,pp Tel. 413-786-0400 Fax 413.-786-9927 August 27, 2013 c. uJ Roy E. Benjamin PBI, Inc. - 49 Oriole Drive Feeding Hills,MA 01030 cn Dear Mr. Benjamin: i-• Please be advised that the Performance Agreement for Lango Estates will expire on October 1, 2013. The Board will be discussing the status of this subdivision at their September 19th meeting. A written request for an extension will be needed if you do not anticipate completing the remaining work by the expiration date. If you have any questions,please contact this office at 786-0400, extension 8738. Sincerely, Travis P. Ward, Chairman AGAWAM PLANNING BOARD TPW/DSD:prk Cc: Engineering Dept. United Bank/ Town Clerl� Bld. Dept. File Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 September 20,.2013 Roy E. Benjamin. PBI, Inc. 44 Oriole Drive Feeding Hills,MA 01030 Dear Mr. Benjamin: At its duly called meeting held on September 19, 201..3 the Agawarn Planning Board voted to extend the Performance Agreement for Lango Estates for,one.year to October 1, 2014 as requested. Attached, for your-information, is a punch,list prepared by the Agawam Engineering Department dated September 19, 2013. If you have any questions,please contact this office at 786-0400, extension 8738. Sincerely, Travis P. Ward, Chairman Q AGAWAM PLANNING BOARD . cn TPWIDSD:prk Cc: Engineering Dept. United Bank Town Clerk " 0 Bld. Dept. \ _. File TOWN 4F AGAWAM � Department of Public Yorks 1000 Suffield Street • Agawam,MA 01001. Tel (413) 8210600 * Fax (413) 8210631 Christopher J. Golba e Superintendent MEMDRAMUM To: Planning Board CC: File From: Engineering Division Date: September 19,2013 Subject: Punch List for Lango Estates Per your request, Engineering has prepared the following Punch list for the items remAng to be completed for Lango Estates Subdivision. They include but are not limited to- 1- Lots: 1, 2,4, 5&6 are still undeveloped. 2. The iron pins and concrete bounds need to be installed and certified by registered lend surveyor. 3. Parts of the sidewalks,driveways and tree belts still need to be.installed on undeveloped Lots. 4. Tree belt and cul-de-sac need to be loamed and seeded and plated as required. 5. Top course pavement and bituminous berm still needs to be installed. 6. The developer needs to provide a minimum of 2 shade trees per lot. 7. Stop sign and stop bar still needs to be installed. 8. The developer shall clear the sight distance easement as necessary. 9. The developer will needs to clean the street and catch basing before final bond release. 10. Detention pond and drainage easement need to be mow. 11.Fence and gate around the detention pond need to be installed and keys to gate supplied to DPW and homeowner. 12. Hydrants need to be painted. Engineering reserves the right to add items to this punch list if approved items ate discovered damaged prior to the release of the bond. If you have any questions please do not hesitate to contact this division. Sincerely, Vladimir CAceres Michelle C,Chase,P. . Civil Engineer I Town> ngww rauna Mr dMaWbOW man Mptembip M13.dX ti Town of Agawam 1�r • 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 June 1, 2012 Roy E. Benjamin PBI, Inc. 49 Oriole Drive Feeding Hills, MA 01030 Dear Mr. Benjamin: Please be advised that the Performance Agreement for Lango Estates will expire on July 1,2012. The Planning Board will be discussing the status of this subdivision at their June 21"meeting at which you are requested to attend. If you do not anticipate completion of all work by the expiration date, you must submit a written request for an extension. The Engineering Department will be requested to provide an up to date punch list for the Board's meeting. If you have any questions,please contact this office at 786-0400, extension 8738. Sincerely, `7 Travis P. Ward, Chairman AGAWAM PLANNING BOARD yi! I _ ✓ it TPW/DSD:prk z _ Cc: Engineering Dept. United Bank Cn c=: Town Clerk Bld. Dept. { File Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 y^ Tel. 413-786-0400 Fax 413-786-9927 June 22, 2012 Roy E. Benjamin PBI, Inc. 49 Oriole Drive Feeding Hills, MA 01030 N Dear Mr. Benjamin: At its duly called meeting held on June 21, 2012, the Agawam Planning Board voted to extend the Performance Agreement for Lango Estates for fifteen(1 S) months to OctobX c 1, 2013 as requested. If you have any questions,please contact this office at 786-0400;extension 8738. CD Sincerely, Travis P. Ward,Chairman AGA WAM PLANNING BOARD TPW/DSD:prk Cc: Engineering Dept. United Bank Town Clerk BId. Dept. File RELEASE OF COVENANT This is to certify that the Agawam Planning Board has released Lots 1-9 as shown on a Definitive Plan entitled "Lango Estates ", plans drawn by D.L. Bean, Inc. and dated 11-2-2007, revised 12-20-07. Said plans being recorded in the Hampden County Registry of Deeds, said lots being subject to the provisions of a Covenant dated February 4, 2008 given by PBI, Inc. to the Town of Agawam, said covenant being recorded in the Hampden County Registry of Deeds, Book , Page A A, PLANNING BOARD DATED: July 1 , 2oifl Hampden cc Commonwealth of Massachusetts Then personally appeared the above named, David A. chase , Mark Paleologopouios , Travis P. waRVembers of the Agawam Planning Board and acknowledge the foregoing to be their fr t and deer efor me. otary Public - My Commission expires: cc: Town Cle WOMMS&NEXS Building Inspector JULY14,2011 File r �.; 1�3 Z 3 ao $1 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form SB — Certificate of Compliance $7-393 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 William Cuiiinan only the tab key Name to move your 1350 Main Street, 3rd H. cursor-do not use the return Mailing Address key. S rim n fig eld MA 01103 CitylTown State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Naer, Inc. m Name 1-16-97 87-393 Dated DEP File Number 3. The project site is located at. 216 Lancaster Drive Agawam Street Address CityTrown H 12 _ 8/35 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Hampden 9747 52 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: Date _ wpafrm8b.doc•rev,12123109 WPA Form 86,Certificate of Compliance-Page 1 of 3 Massachusetts Department of Environmental Protection -- Bureau of Resource Protection - Wetlands DEP He Number: ' WPA Form SB - Certificate of Compliance $7-393 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: 216 Lancaster Drive (lot 29) ❑ 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: 6/23/11 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. ov/de /aboutlre ion/find our.htm). Si atures. r wpafrmBb.doc•rev.12123/09 WPA Form 8B.Certificate of Compliance•Pare 2 of 3 Y i Massachusetts Department of Environmental Protection L7 Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B -• Certificate of Compliance 87-393 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: 216 Lancaster Drive 87-393 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Ham den _ County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b.doc•rev.12123/09 WPA Form BB,Certificate of compliance•Page 3 of 3 TOWN OF AGAWAM 7— 36 MAIN STREET Case #: �9A5 AGAWAM, MA 01001 Filed: BOARD OF APPEALS Hearing: A Expires: Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and other By-laws. Applicant Christopher Rooney Address 204 Lancaster Drive, Agawam, MA 01001 Application is hereby made for a SPECIAL PERMIT as provided by Section Paragraph of the By-law. Premises affected are situated on Lancaster Drive_Street; 0 feet dltanf� from the corner of Abbey Lane Street and known as street number 2Q4. Property is zoned as Residential r-n Reason(s) for request of Special Permit: Special Permit to erect a permanent 6x6 vinyl panel stockade style fence and gate along the perimeter of the rear of the property for residence privacy and child safety. Fence is to be constructed as per attached diagram on the homeowner's property. Allowing for at least one foot buffer zone to property line with neighbor and town. Homeowner will call Dig Safe to verify location of utilities. Signature of owner or his authorized agent: Telephone 4132180677 NOTICE.- THIS APPLICATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN Bk t7561 Pg34 ##76200 1 1— a6--200A @ 02 : 36p CO HLISETTfYSI6I STRYISE OF TD�DS Date: 11-26-200B @ a2:36ps Ctl#: 856 Doe#: 762N Fee: $1,529.88 Cons: U35,2N.0 70 OUITCLAIM DEED �rf KNOW ALL MEN BY THESE PRESENTS n ; 0 that WE, GARY L.DETTMAN and DEBORAH SWEENEY,husband and wife, of 204 Lancaster Drive,Agawam,Massachusetts for consideration paid of THREE ERJNDRED THIRTY-FIVE s THOUSAND TWO HUNDRED and 001100 ($335,200.00)DOLLARS grant to CHRISTOPHER D. 3 ROONEY and STACY L.ROONEY a/k/a STACY L.VIVEIROS, husband and.rife as Tenants W by the Entirety of 68 Woodbridge Road,Chicopee, Massachusetts w 4� -r-1 p with Quitclaim covenants a� uThe land in Agawam, Hampden County, Massachusetts as is shown on Exhibit"A" anmexed hereto and incoporated herein by reference. o The address of the within premises is: 204 Lancaster Drive,Agawam,Massachusetts SEE EXHIBIT"A"ATTACHED HERETO BEING the wane premises conveyed to the grantors herein by Deed dated March 6,2002 and recorded in the Hampden County Registry of Deeds on March 12, 2002 in Book 12206,Page 101. Executed as a sealed instrument this Z day of November,2008 L.DETTMAN DEBORAH SWEENEY Ek 17561 Pg35 #76200 COMMONWEALTH OF MASSACHUSETTS HA WDEN, ss On this day of November,2008,before me,the undersigned notary public, personally appeared Gary L.Detunan and Deborah Sweeney proved to me through satisfactory evidenee of identification,which were Drivers' Licenses,to be the persons whose manes are si on the preceding or attached document, and acknowledged to me that they signed i volunt y for its stated pulpose. 'chard A. rooslin,Notary Public My Commission Expires: March 31,2011 AICHARD AL BROOWN NOTARY Pl1Bl,tC eox�MorrH OF wlSSticka9ETtS Uq CftrIIUIOn Fxp"IMr0 U.01 Bk 17561 Pg36 #76200 EXHIBIT"A„ The land in Agawam,Hampden County, Massachusetts shown as Lot 30 (thirty) Lancaster Drive, on a plan of land entitled"Willow Glen Estates Phase II Definitive Plan owned by Fether, Inc."dated June 17,2000,drawn by Woodlake, Inc. and recorded in the Hampden County Registry of Deeds in Book of Plans 319,Page 3. Subject to and together with rights in common with others in the streets as shown on plan recorded as aforesaid in Book of Plans 319,Page 3. Subject to a taking by the City of Springfield for Water Supply as set forth in instrument dated July 1, 1927 and recorded with the Hampden County Registry of Deeds in Book 1377,Page 102. Subject to easement rights of the Montague Company as set forth in instrument dated September 19, 1924 and recorded with the Hampden County Registry of Deeds in Book 1221,Page 593. Subject to easement rights of the Montague Company as set forth in instrument dated July 2, 1924 and recorded with the Hampden County Registry of Deeds in Book 1221, Page 181. Subject to rights granted by the City of Springfield dated March 23, 1989 and recorded with the Hampden County Registry of Deeds in Book 9052, Page 289 and subject to conditions therein. Subject to and together with easements in deed to the City of Springfield dated July 11, 1928 and recorded with the Hampden County Registry of Deeds in Book 1396,Page 232. Subject to right of way reserved in instrument dated March 17, 1902 and recorded with the Hampden County Registry of Deeds in Book 638,Page 579. Subject to storm drain easement rights to the Town of Agawam dated October 14, 1986 and recorded with the Hampden County Registry of Deeds in Book 6288, Page 575. Subject to Detention Basin and Storm Drainage Easement(E-1) granted to the Town of Agawam and recorded in the Hampden County Registry of Deeds on March 14, 2001 in Book 11541,Page 251. Subject to Water and Utility Easement(E-2)granted to the Town of Agawam and recorded in the Hampden County Registry of Deeds on March 14, 2001 in Book 11541, Page 254. Blc 17561 Pg37 #76200 Subject to Highway Purposes, Construction and Maintenance Easement(E-3) granted to the Town ofAgawam and recorded in the Hampden County,registry of Demos on March 14,2001 in Book 11541, Page 257. Subject to Storm Drainage Easement (E-4) granted to the Town of Agawam and recorded in the Hampden County Registry of Deeds on March 14,2001 in Book 11541, Page 268. Subject to Storm:Drainage Easement (E-5)granted by the Springfield Water and Sewer Commissioners to the Town of Agawam and recorded in the Hampden County Registry of Deeds on March 14, 2001 in Book 11541, Page 271. Subject to Storm Drainage Easement(E-4)granted by Fether,Inc. to the Town of Agawam and recorded in the Hampden County Registry of Deeds on March 14,2001 in Book 11541,Page 282. Subject to Storm Drainage Easement(E4) granted by Fether, Inc.to the Town of Agawam and recorded in the Hampden County Registry of Deeds on March 14,2001 in Book 11541, Page 285. Subject to Retaining Wall Easement(E-6 and E-6A) granted to the Town of Agawam and recorded in the Hampden County Registry of Deeds on March 14, 2001 in Book 11541, Page 288. Subject to Easement to Western Massachusetts Electric Company and Verizon New England,Inc.dated July 26, 2001 and recorded in the Hampden County Registry of Dods on July 27,2001 in Book 11779, Page 36. DONALD E. ASHE, REGISTER H-WIPH J COUNTY REGISTRY OF DEEDS LOCUS DEED REFERENCE y BK. 17561 P. 34 LOCUS PLAN REFERENCE Bk. 319 P. 3 (Jl LEGEND ❑ Conc. Bound Found • Iron Bar found IvI \ - 11 l4 716' Y Scaly, 1" _. 40' 0 20 _ 40 60 80 ' vv�A Of k4 Plan of Land L=2' . �' � �� ;1�. in RONALD '.. Springfield, Mass. �+7 surveyed for 7G ;I �� i 1 d3S v SA631 -, Chris & Stacy Roone ' June 25, 2012 1"= 40' u YO Ronald P. Sassi P-L-s. 331 A0 S-M3 10 WVA 52 Cronin Hill Road Hatfield, Mass. KU - ,q TOWNOFAGAWAM e;'W O 36 MAIN STREET AGAWAM, MA 01001 •M{ yE, ��• DECISION OF BOARD OF APPEALS Petition of. Christopher Rooney Premises affected: 204 Lancaster Drive I Date: October 25,2012 Case 4: 1905 The Agawam Zoning Board of Appeals conducted a public hearing and meeting on October 25,Z12 at- the Agawam DPW Conference Room, 1000 Suffield St., Agawam, MA for all parties interested�n the appeal of Christopher Rooney, who is seeking a Special Permit in accordance with Section i 80=-4, Paragraph B of the Zoning Ordinances,which would allow for a fence in excess of four feet sihrl�ted within the setback portion of a corner Iot at the premises identified as 204 Lancaster Drive. ZZ ,, After the public hearing and a thorough review of the facts presented,the Agawam Board of Ap—peals made the following findings: l. The subject property is located in an Agricultural zoning district. � 2. The petitioner wishes to erect a six-foot fence within the side and rear setback portions of the subject property. I 3. 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 only. 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. � 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 = to grant a special permit as stated under Section 180-8,Paragraph B of the Zoning Ordinances of the ,I 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: 1 DECISION (pg. 2) Christopher Rooney Case 4 1905 1. The fence in question shall be constructed as shown(in yellow) on the plot plan provided and which has been signedd 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. 4. This special permit shall become null and void if construction does not commence within two(2) years from the date of this decision. This decision is subject to appeal in accordance with M.G.I . Chapter 40A, Section 17 within 20 days from the date this decision is filed with the Agawam Town Clerk. Attachment: Signatory Page of Decision TOWN OFAGAWAM 36 MAIN STREET AGA WAM,, MA 0I00 I BOARD OF APPEALS ATf 0 MPS Signatory Page of Decision Case#: 1905 n i Date: October 25 2012 f Applicant: Christopher RooneyV = 1 Address: 204 Lancaster Drive ; I N By a unanimous vote of its three members, the Zoning Board of Appeals hereby grants the petitioner a Special Permit. This approval is subject to the conditions set forth in the attached written decision. Doreen Progy Gary uffriti James Marmo Gary Geiger (Alternate) Richard Maggi (Alternate) r ti LOCUS DEED REFERENCE BK. 17561 P. 34 OCT 7� l LOCUS PLAN_REFERENCE +� Bk. Jl 9 P. 3 (jl J LEGEND ❑ Cone- Bound Found vP � ri. • Iron Bnr found IZP \ O ,,1� � rz f f(51 KJ tv ;In ;- 4 l � 0 20 _ - 40 AO 80 . _1 j,4 Plan of Land in J. 1 f F�DNALfl ��• Springfield, Maws. :1 I `�!4 7 �� !� P, ` surveyed for l T Y C• cz Chris & Stacy Rooney n •:f9r,53 �� June 25, 2012 1 40' . 0. O �ypP Ronald P. Sassi P.L.S.52 Cronin Hill Road Hatfield, Mass. 21 TOWN OFAGAWAM 36 MAIN STREET AGAWAM MA 01001 BOARD OFAPPEALS A E ' October 30, 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, November 26,2012 for the following: 0 Case #: 1905 Petitioner: Christopher Rooney o Address: 204 Lancaster Dive Reason: Seeking a Special Permit in accordance with Section 180-8, w = Paragraph B of the Town of Agawam's Zoning Ordinances, wich would allow for a fence in excess of four feet situated within tfa setback portion of a comer lot at the premises identified as 204- Lancaster Drive. N Advertise: Thursday November 8, 2012 and Thursday November 15, 2012 Doreen Prouty Chairperson DPljb TOWN OF A GA WAM 19/10(/ �► 36 MAIN STREET AGAWAM, MA 01001 DECISION OF BOARD OF APPEALS 4TED Petition of: Christopher Rooney Premises affected: 204 Lancaster Drive f Date: December 10, 2012 Case 4: 1905 1 w The Agawam Zoning Board of Appeals conducted a public hearing and meeting on Decemberl0,2012 co at the Agawam Public Library Community Room, 750 Cooper Street, Agawam, MA for all parties interested in the appeal of Christopher Rooney, who is seeking a Special Permit in accordance with Section 180-8, Paragraph B of the Zoning Ordinances, which would allow for a fence in excess of four feet situated within the setback portion of a corner lot at the premises identified as 204 Lancaster Drive. After the public hearing and a thorough review of the facts presented, the Agawam Board of Appeals made the following findings: 1. A re-opening of this case was necessary since some of the abutters were not notified of the original hearing. 2. The subject property is located in an Agricultural zoning district. 3. The petitioner wishes to erect a six-foot fence within the side and rear setback portions of the subject property. 4. 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 only." 5. A memo, dated December 4 2012, from the Agawam Safety Officer was received by this board. He states that the placement of the fence as described will "give drivers and pedestrians a more than adequate line of sight(approximately 130')when traveling on Lancaster Dr and/or Abbey Lane. b. The subject property is an appropriate location(residential use) for the fence in question. 7. 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. 8. The fence in question is situated so that there will be no nuisance or potential hazards to vehicular or pedestrian safety. 9. The location of the fence in question will provide for the proper and safe operation of its use. 10. 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 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.. DECISION (pg. 2) Christopher Rooney Case# 1905 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: 1. The fence in question shall be constructed as shown(in yellow) on the plot plan provided and which has been signed by the members of this hoard. 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. 4. This special permit shall become null and void if construction does not commence within two (2) years from the date of this decision. This decision is subject to appeal in accordance with M.G.L. Chapter 40A, Section 17 within 20 days from the date this decision is filed with the Agawam Town Clerk. Attachment: Signatory Page of Decision r TOWN OF AGA WAM 36 AMIN STREET AGAWAM, AM 01001 BOARD OF APPEALS �RTE D MP SSignatM Page of Decision { Case##: 1905 I Date: December 10, 2012 E Applicant: Christopher Rooney { Address: 204 Lancaster Drive I By a unanimous vote of its three members, the Zoning Board of Appeals hereby grants the { petitioner a Special Permit. This approval is subject to the conditions set forth in the attached written decision. cutDoreen Prouty 04 Suffnti lames Marino Gary Geiger(Alternate) Richard Maggi (Alternate) • 1 TO%W OF A,GAWAM CONSERVA77ON COMMISSION 36 MAIN ST.,AGAWAK MA 01001 786.0400, ext. 245 D June 15, 2011 �. C7► r Debra A. Desmond 3;u 13 Lakeside Drive 4 ; Tolland, MA 01034 Dear Ms. Desmond: rrnn I am in receipt of your letter dated June 11, 2011, To meet the requirement of the Enforcement Order regarding a restoration plan, Commission members are willing to meet with you on-site to determine the location of the proposed plantings. Please contact this office at 413 786-0400, extension 245 to schedule a time to meet on-site. Thank you for your cooperation on this matter. Sincerely, Henry A.xazloski,Chairman AGAWAM CONSERVATION COMMISSION HAK:prk Cc: DEP, Town Clerk, File Tow' n .of Agawam 36 Main Street Agawam, Massachusetts-01001-1837 Tel. 413-786-0400 Fax 4137786-9927 October 30, 2013 Roy Brown Architects 85 Chilson Road Wilbraham, NIA 01095. To Whom It May Concern; At its duly called meeting held on October 23, 2013, the Agawam Planinmig.13pard voted to approve the paving of the two driveways to Moylan Lane at the LPVEC site on Shoemaker sane. If you have any questions,please contact this office at,78"400,extension 8738. Sincerely, Travis P. Ward, Chairman AGAWAM PLANNING BOARD ,' TPW/DSD:prk . Cc: Building Inspector. Eng. Dept. / Town Clei�1 Vic? File#8667 C I NOTICE OF APPEAL /a/# � TOWN OF AGAWAM FOR OFFICE USE ONLY 36 MAIN STREET Case#: AGAWAM, MA 01001 Filed: Hearing: BOARD OF APPEALS Expires: Application to Board of Appeals for hearing on an appeal from a decision of Dominic Urbinati, Inspector of Buildings, not to Enforce the Zoning By-Laws of the.Town or Acawam as allowed under Section 2-8, Paragraph C Adopted Charter and M.G.L. c. 40A, Section 8. Applicant Trustees of the Longbrook Estates Condominium Trust(hereinafter, the "Trustees') Address 1485 Suffield Street, Agawam, MA 01001 Premises in violation of the Zoning By-Laws are situated on Land owned by GFI, Longbrook, LLC ("GFI") and land owned by Western Massachusetts Electric Company ("WMECO"). Both parcels are adjacent to the land_known as the Longbrook Estates Condominium (hereinafter, the "Condominium"), which Condominium is located off of Suffield Street (Route 75), approximately 1200 feet south of the corner of South Street. Property is zoned as GFI's p1.gpe= is zoned Residence A-3• WMECO's prope11y is zoned Agricultural Reason(s) for request: GFI Longbrook, LLC (hereinafter"GFI") has constructed a building ("Building 39") on land it owns adjacent to the Condominium in a"Residence A-3 District" in violation of the rear yard setback requirements set forth in the Agawam Zoning By-Law at §180-29 and in violation of the terms of a variance granted by the Agawam Zoning Board of Appeals. Also, GFI has constructed a roadway over an "Agricultural District" which it is presently using as a means of access to the "Residence A-3 District" in violation of Agawam's Zoning By-Laws. Pursuant to M.G.L. c. 40A, § 7, on March 7, 2008, by certified mail, the Trustees put the Building Inspector for the Town of Agawam on notice of these violations and requested that the Building Inspector enforce the Town of Agawam's Zoning By-Laws by 1) revoking any building permit which may have been issued to GFI; 2) issuing a Cease and Desist Order with respect to any further construction and/or development on GFI's land; and 3) revoking any Certificate of Occupancy for Building 39 that has been issued ("40A Demand Letter"). (A copy of the 40A Demand Letter is attached hereto as Exhibit 1). The 40A Demand Letter describes in detail GFI's violations of Agawam's Zoning By-Laws, (See Exhibit 1). By letter dated March 24, 2008, Dominic Urinati, Inspector of Buildings, responded to the 40A Demand Letter and, while acknowledging certain violations of Agawam's Zoning By-Laws, notified the Trustees that the Inspectional Services Department refuses to act on their request for enforcement of same. (1.4fusal - to Act Letter"). (A copy of the Refusal to Act Letter is attached hereto as Exhibit 2). �. It is the Trustees' position that the Refusal to Act Letter is based on an improper analysis of Aga m's— Zoning By-Laws and the applicable law of the Commonwealth. A summary of the Trustees' positio ("Position Statement") is attached hereto as Exhibit I.S. ' f 3 3 Signature of applicant or his authorized agent: co T,K& .As O. N oria y, #561806 Jremy L. l/f y, BBO # 7867 cla MARCUS, RRICO, EMMER & BROOKS, P.C. 45 Braintree Hill Office Park, Suite 107 Braintree, MA 02184 (781) 843-5000 Dated: April 14, 2008 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete Siena item 4 if Restricted Delivery Is desired. \ ❑Agent • Print your name and address on the reverses ❑Addressee so that we can return the card to you. R t)o C. Date of Delivery ■ Attach this card to the back of the mailpiece, ti1,4 —L d or on the front if space permits. i.".�rtiCle Addressed to: D. del' different ❑Yes If Y ,ender delivery address bel No �B ��P, ,S'ar✓,'[es ,D40 3. 5 Type ce press M Q ,� Q 1 do , ❑Regi ►e Retu Ipt for Merchandise A ❑Insured Mail . D. 4. Restricted Delivery?{Extra Feel ❑Yes Ow + 7OD6 345D 0001 1590 9576 P$Form 3311,February 2004 Domestic Return Receipt UNITED STATES POSTAL SERVICE First-Gass Mail Postage&Fees Pald USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box• MARCUS,ERRICO,FMMFR&BROOKS,P.C. 45 BRAKMEE HILL Ul-i-iuE PARK,SUITE W BFWNTREE,MA 02184 �1ltfiFitFI1F1�i�f1�lF�ff�1FllF13flll�lij]�fll�I�It'1�111l1.�1� � i' CERTIFIEDRECEIPT ...� (Domestic MailOnly; r r Provided) r 0 r r .� I Lrl , "i* Postage $ r9 � Certified Fee * Postmark C7 F12 m Receipt Fee Here p (Endorsement Required) 0 Fbast&-ted beSivery Fee l_I (Estdassemarn Required) Total Postage&Fees $ m tient ID di - ur --- ------ --= ------------------------ -- - or PO soxft. , ----------- -- - - - oily,state,rtP.a? evil, ,(11 i , �, Certified Mail Provides: r A mailing receipt a A unique identifier for Wur mailpiace IF A record of delivery kept by the Postal Service for two years tmpartant Randwers: a Certified Mail may ONLY be combined with First-Class Ma 644 Ppority Mail® ■ Certified Mail is not available for any class of lntemabonal mail ■ NO INSURANCE COVERAGE fS PROVIDED with CeAied,'Mail, For valuables,please consider insured or Registered Mail. r For an additional fee,a fiatum Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,pease complete and attach a Return Receipt(PS Form 3811)to the arttcte and add applicable postage to cover the fee.Endorse,mailpiece'Return Receipt Requested'.To receive a fee waiver for a duplicate return receipt,a USPSO postmb*on your Certified Mail receipt is required. r For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or nark the rnaitpiece with the andcrsement'Restricted Delrv"' a ff a postmark on the Certified Mail receipt is desired,pease present the arti- cle at the post office for postmarking. if a postmark on the Certified Malt receipt is not needed,detach and affix label with postage and mail. IMPORTANT.Save this receipt and present It when making all Inquiry. PS Farm 3$00,August 20M(Revue)PSN 7530-02-000-9047 ■ MARCUS, ERRICO, EMMER &BROODS, P.C. Attorneys At Law Thomas o.Moriarty 781.843.5000 ext. 145 tmoriarty@meeb.com admitted in:MA and FL March 7, 2008 C� CERTIFIED MAIL, RETURN RECEIPT REQUESTED o i? � c> Building Inspector r .) n Town of Agawam Inspectional Services Department MR 36 Main Street c� cn Agawam,MA 01001 r `" RE: Request for Enforcement of Zoning By-Laws Pursuant to M.G.L. c. 40A § 7 Dear Sir or Madam: 41 This Firm represents the Trustees of the Longbrook Estates Condominium Trust y (hereinafter"Longbrook"), the organization of unit owners of the Longbrook Estates Condominium (the "Condominium"), a residential condominium consisting of approximately 193 units, located in Agawam, Massachusetts. We write this letter to you, the officer charged with enforcement of the Town of Agawam's Zoning By-Laws,pursuant to the provisions of G.L. c. 40A, § 7. As described below, we believe GFI Longbrook, LLC (hereinafter"GFI")has constructed a building at the Condominium in a "Residence A-3 District" in violation of the rear 1 yard setback requirements set forth in the Agawam Zoning By-Law at §180-29 and in violation 1 of the terms of a variance granted by the Agawam Zoning Board of Appeals. Also as described below, we believe that GFI has constructed a roadway over an"Agriculture District"which it is presently using as a means of access to the "Residence A-3 District" in violation of Agawam's Zoning 13y-Laws. Accordingly, we respectfully request that any building permit which may have been issued to GFI be forthwith revoked and that a Cease and Desist Order be issued with respect to any further construction and/or development on GFI's land. Furthermore, we request that any certificate of occupancy issued for Building 39 be revoked. On or about July 22, 2004,pursuant to a deed recorded in the Hampden County Registry of Deeds ("Registry") at Book 14354, Page 481, GFI acquired the right to add phases to the Condominium on two parcels of land consisting of 36.16 acres as is shown on a plan of land dated April 11, 1988, recorded in the Registry at Book of Plans 255,Page 120(the"Additional Land"). 45 Braintree Hill Office Park, Suite 107, Braintree, MA 02184-8733 781.843.5000 s Fax 781.843,1529.www.meeb.com Hastnn 617 367 ODO6 a Springfield 413 736 7500■Worcesler 509 791 2120■New l{ampshrrc 603 891.2DO6■Rhode Island 401 311.2221 Attomeys Admitled m Mossecbuscrts■New Hampshire v Rhodc Island•Maw•Connecticut■Neu York a plsinct of Columbia•Flortds r Maryland■V trgmts On June 11,2007,GFI filed an application for a building permit on the Additional Land pertaining to the construction of a residential townhouse (`Building 39"). On July 24,2007, GFI's application was granted and a building permit for Building 39 issued. At some point after July 24, 2007, GFI commenced construction of Building 39. GFI constructed Building 39 approximately 7.38 feet from the property boundary of land presently owned by Western Massachusetts Electric Company ("WMECO"). Building 39 is shown on that certain "Survey Map, Longbrook Estates Condominium" dated September, 1992 revised most recently on October 29, 2007 (the "Survey Map"). (A copy of the Survey Map is attached hereto as Exhibit"A"). On information and belief,the Additional Land is located in a"Residence A-3 District" under the applicable provisions of the Agawam Zoning By-Law. The Agawam Zoning By-Law at §180-29 captioned "Use Restrictions"provides in relevant part as follows: In a Residence A-3 District as indicated by the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except for apartment houses or garden-type apartments and accessory uses incident thereto and subject to the following restrictions: C. No building shall be located nearer than 40 feet to a street line or other property line. On information and belief, GFI's predecessors in interest applied for and were granted a variance authorizing a 17 foot deviation from the applicable 40 foot setback with regard to the construction of Building 39 as shown on that certain"Site Layout Plan No. 1 dated 12/8/86 Planning Board Revisions KS Project No. 86-043, dated 10/31/86 drawn by KS/JLW/SP Baystate Environmental Consultants, Inc., Sheet 2 of 10"(the"Site Layout Plant"). (A copy of the Site Layout Map is attached hereto as Exhibit "B"). The Agawam Zoning Board of Appeals issued a Decision granting the variance with conditions on April 6, 1987 (the "Decision") which Decision was filed in the office of the Town Cleric on April 6, 1987. The Decision contained, among others, the following two conditions: 1. The petitioners shall conform to the Site Layout Plan submitted to the Board of Appeals with its application, said Site Plan being further identified as "Site Layout Plan No. 1, dated 12/8/86 Planning Board Revisions KS Project No. 86- 043, dated 10/31/86 drawn by KS/JLW/SP Baystate Environmental Consultants, Inc. Sheet 2 of 10". 3. The petitioners shall have recorded in the Hampden County Registry of Deeds a "Notice of Variance Form" provided by this Board. This variance will not become operative until proof of recording is provided the Building Inspector and this Board. A Notice of Variance was, in fact, recorded in the Registry in Book 6442, Page 517. The Site Layout Plan,with which the variance requires compliance, shows by scale, the building now identified as Building 39 located approximately 23 feet from the WMECO land. GFI's construction of Building 39 approximately 7.38 feet from the property boundary is inconsistent with the conditions contained in the April 6, 1987 Decision, was unauthorized and required a further and/or amended variance from the Agawam Zoning Board of Appeals. On information and belief, at no time prior to the construction of Building 39 approximately 7.3 8 feet from the property boundary did GFI obtain a further or amended variance from the Agawam Zoning Board of Appeals. Additionally, the land between the existing common area of the Condominium and the Additional Land is owned by WMECO. The WMECO land is shown on the Survey Map. As shown on the Town of Agawam Building Zone Map the WMECO land is in an Agriculture District. Pursuant to "Article VII Agriculture Districts" of the Agawam Zoning By-law, § 180-37, the permitted uses in an Agriculture District do not include "appurtenant houses or garden-type apartments" or other multi-family uses. GFI has constructed and intends to construct additional buildings and units on the Additional Land. The Buildings constructed and contemplated for further construction are attached multi-family townhouse style units. It is GFI's intention to utilize a roadway (hereinafter the "Access Roadway") constructed across the WMECO land as a means of access to the Additional Land. The approximate location of the Access Roadway is shown on the Survey Map. Upon information and belief, GFI has not sought or obtained any zoning relief, including a variance, which authorizes the contemplated use of the Access Roadway as a means of access to the Additional Land. It is a matter of indisputable law in the Commonwealth that"use of land in one zoning district for an access road to another zoning district is prohibited where the road would provide access to uses that would themselves be barred if they had been located in the first zoning district. In such a situation, the access is considered to be in the same use as the parcel to which the access leads." Beale v. Planning Board of Rockland, 423 Mass. 690, 697 (1996) (prohibiting access road to a retail site which passed over industrially-zoned property). See also Richardson v. Zoning Board of Appeals of Framingham, 351 Mass. 375, 381 (1966); Harrison v. Building Inspector of Braintree, 350 Mass. 559, 561 (1966); Brookline v. Co-Ray Realty Co., 326 Mass. 206, 21 1-212 (1950); Orion Realty Company, Inc., 68 Mass.App.Ct. 1104 (2007); Building Inspector of Dennis v, Harney. 2 Mass. App. Ct. 585, 586 (1974). For the foregoing reasons, we respectfully request that any building permit which may have been issued to GFI be forthwith revoked and that a Cease and Desist Order be issued with respect to any further construction and/or development on GFI's land until GFI secures the proper variances. As I am sure you know, G.L. c. 40A, § 7, requires you to notify me, in writing, of any action or refusal to act,together with the reasons therefore, taken on this Request, within fourteen (14) days of your receipt of this Request. If I can be of any assistance during said period, please do not hesitate to contact me. I look forward to hearing from you. Thank you for your time and consideration of this matter. Very truly yours, MARCUS, ERRICO,EMMER &BROOKS, P.C. l � - Thomas O. Moriarty Enclosures cc: Joseph A. Pacella,Esq. Longbrook c/o Jeffrey Gurney A • - : .' :'' _. .gym .��. ` ?� .Parcel I .483,332 . s.f. o Phase XZ 33,108 's.f. 0.75 Acres Phase -.XSZ. � 41,756 s<f.. .0:96 Acres 'Phos' IX -21,610 s.f. � o, 4.50 Acres A. • Phase � r Nsa, z p ,��ry��y�� . �� 47,469 s':.f, Phase � I N / F R. Depalma. & J.A. Pgcella Sod h G , 1.09 Acres o f 28 528 s.f. 141. Nit i • � tS`• �jy w 83J' s •. Via. '� z�.a4�, N / F Tennessee Gas G 9 ��• '� Phase. 30, r ' Transmission Company f P`• '�, .j� ' 36,226 sq. f.# ;. 0.83 -acres $ . - 4 f ... SSdw:'.F.CSrt.S.'J.--_:_�.i- OV`+.A'+sT.W fravxmR+waa*' brY+.}. r%++. .. Ri•` tYFw 1.-®✓SY.b .:s,r- i:. a . . - ,- '•`. :: �, - .. `� Phase' " '$ 66;567 's.f:' er tFassrr,ent :4 �v� ,� '� �: � ,.. `� 1.53 Acres . . 21 vide"S°"Te n�eo Gas 2��l0"1N �tran baton Go. r N L IZ I`i ` s15'3 .aar ' G A WA M• MASS. Phase.: ME". 08 APR 22 Aid [0, 4 3 " 2:75 'acres : I l hereby certify that this plan of Long8rook Estates Condominium 8$' ,.1" N oo• �' °`� _ I i accurately depicts the layout, Zge:7Z �•' �; i location, unit numbers and dimensions of ' �;5t° % w p7- Z Phase.. the building as built and fully lists the S.t�3.c�43A ` tN _ a 6Q;941 s,f. units contained therein, 1N a . ' N� .' � . �► '1�.40' Acres Signed: N Phase �I 1 ;. .fia;92"8 s.f. 55, � A 1:.42 Acres • ti ,. . GRAPHIC SCATHE Phase SAC so e0 0 40 40 11e0 ' l report that this plgn shows the property lines that are the lines of s fix. 83;4�13 sth. #t: "- �,.°� ,tP existing own6rehips, and the .lines of 'acres a streets and ways shown are those . : ' . IN FM of public or private streets or ways �, ' . _. r_._. i inch 80 x1~ alredy established, Chd no new lines '�°'1 ' '�x,�y 263.30' 409:6T . :° 1.76;95' 178.35' .42' for division of existing ownership S'18'45!20" W 253.3Q', S 1�'45'2Q '_W :A: . .0 :27' S 1.8:45'24" w' . 328. f or for new ways are shown. 'Phase IZ Date: ,Q.�,�1...,i_...2 ��.�.._...._,�. N ; /o° -�: 25'O�qo / l 8 ai+ QO$, .�. �°p , �., �--. ._._ .,..._. ..._- .-,....,.... ' , ,� ,,:..... ' ' -�..� .. 11 14 29/07 Phase XVII RRH ?2 ,P --._ -_322�0? :. "'..,- N 18. 9 a0 3t}' �er.Eas�mertt �i •1 '52 Q �. / - . o .... '.._' _-• • •.,.._ 25` 3:$ —s -- l W 2 f 19 67 Phase XVI RRH ...... :. ,.— ..._. «-. �•8 'i Registered Land SurveyoF —'_ ,�J, �' � � �� e 2s. � �.. ..54' �. �7� :w ,� � 0 9 1 z 06 Phase XV RRH' f bo�M 1 3i 32 33.34 35 3B �9 ao 4f' �42 q3 44 45 4e'.47- 46 z w 8 2/06/06 Phase XIV RRH s ! l f : a 7 , 6 13 05 Phase XIII 50 RRH 6 4/1 /96 Phase XII RRH ?2 S'3p'31'�p tN .� 114.00 ; . 3 '49.. 5 1/24/96 Phase A RRH s 18#45.10''w : , / ' g�3 Parcel Al. g': ' p_ 12$,971 S.f. 4 5/8/95 Phase X RRH This plan prepared in accordant A ti ' 2A �o ff' 18'45.20 E. : / /` �•` with the rules and regulations o : . �., w 88.18 , . ' �'� 2.96 Acres .� 7/25/94 Phase X RR11 the Registry of Deeds. W. as'' Phase I � / .6� � 2 12/07/93 Phase VIII RR H ,.• ,� f Ph.pse IE. . ' Date: f 7T I~�:;" �, >>:-*., Phase e� �� 1 9 21 92 Phase VII RH h� $ $ / 6�' Nib. DATE DESCRIP770NI BY x DRAWN BY }�w w 4 SURVEY M A P f RRH 92 \� N :g,: - � 74 76.. \ �/. 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Y ... :C : 4' �: J. �1 to ter•.. r J 0 Wid PLACE S' An f ?S Are 3 e % '�s �� . . T s:' .r' ,. 1'n •'� .fur r' _ 1 -,'• R dw s within Park n A .. i �i �r, 'J. %• •ri• \t . . .+ '•+R. i ` :c r / _ a • • i' f ', s • :Jn+:• - i': - t . t „� • t r: s r , • ` •• •I.. • f • , • n r :. �' ` ' ;a:' r V Y ;t i J' f • . • •5 I •' •l s: I f < ^:\ TYPICAL RB RADII. I :'J � Cu �C f Y J • S 1� • •• . r ` {`!/ / _ _ I1iE 35. R� �� .' Suffield St. LA �`• - 4 '� L .! '.1. ..I 'J rr � �/' r i} w> \\ •e' `�; • b 5 , : i- » • r. .� '• r '. :'1 �+� 'y/rL rti. , •.{: ':,.• �/t .M ,.�' %� L i a• / • S• f. W. t t r _ �• J +� ,•. • ti. • ++ .�.rrL ��y .�W" •x• a'fF'4 \• '.% 'r \ '. LANE 'LA ��° .• _ �..� �,L _ i ��; �.: ` -�_ I \ - •1• t •M \ f J+'r .. � .�.;� �',M• 'i . Rl8!'f� ill# v @Y S '��1$.' : tzJ a'. • •� .. �• 4•• ! !s r. =tit. /� 1 j ]: t r- . 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Moriarty Marcus, Eirico, Emmer& Brooks, P.C. 45 Braintree Hill Office Park, Suite 107 Braintree, MA_ 02184-8733 RE: Longbrook Estates Dear Attorney Moriarty, Thank you -for your letter dated March 7, 2008 regarding Longbrook Estates. Please be advised that relative to your concerns regarding the proximity of"Building 39" to the Western Massachusetts Electric Company(WMECO)property, the Town of Agawam has issued a stop work order for the two units in "Building 39" which violate the provisions of the previously granted variance. It is my understanding that GFI Longbrook has filed an application with the Board of Appeals to modify its variance relative to those two units. Any further action by my department will depend on the Board of Appeals decision relative to GFI Longbrook's application. With regard to your concern relative to the interior roadway in the condominium complex crossing the WMECO property, enclosed in a copy of my March 5, 2008 letter to Attorney Joseph A. Pacella which explains the history of the project and the approvals for such road which were granted in the 1980's. Thank you again for your later, and please call with any questions. Ve my yours;' r' co Dominic Urbinati 'a n Inspector of Buildings cc: Mayor Solicitor i� =; Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 sc� �R1 ED tt1p��'1 Tel. 413-786-0400 Fax 413-786-9927 c's - co March 5, 2008 Joseph A. Pacella, Esq. N) :K; 67 Market Street 3 Springfield, MA 01103 cr cn w RE: Longbrook Estates 4r Dear Attorney Pacella, I am the Inspector of Buildings in the Town of Agawam and I ann charged with interpreting and enforcing the zoning ordinances of the Town of Agawam. Relative to the Longbrook Estates condominium on Suffield Street, the question has been raised as to whether it is permissible under the zoning ordinances in Agawam to have an interior roadway located within the condominium cross from one portion of condominium property located in the Residence A-3 zoning district over property owned by Western Mass EIectric Company which is in the Agricultural zoning district onto another portion of the condominium property located in the Residence A-3 zoning district. The plans for the Longbrook Estates condominium (formerly Suffield Commons) were approved by the Agawam Planning Board in 1986. The plans include the interior roadway in question. In researching the files of the town,the Building Inspector for the Town of Agawam raised no objection to the Planning Board regarding the interior roadway crossing over the WMECO property,and issued a master permit for the project. The Planning Board approved the plans and the layout of the interior roadway. In addition,the Board of Appeals reviewed the plans as part of a request by the condominium project developer for relief from the setback requirement for construction of five units in the rear portion of the condominium project, which directly abuts the WMECO property. The Board of Appeals made note of the fact that the interior roadway crossed the 300 foot wide WMECO property. Obviously, the Board of Appeals found no objection regarding the fact that the interior roadway crossed over the WMECO property. It is clear that the town's decision regarding the permissibility of this interior roadway crossing over land in the Agricultural zoning district was reached in 1986 when the Planning Board approved the plans with no objection from the Building Inspector,and was reaffirmed in 1987 when the Board of Appeals granted relief to the condominium developers from the setback requirements for the units to be constructed adjacent to the WMECO property, Without rendering a new opinion on the subject which I believe has been settled for over twenty years, I believe the interior roadway is and was permissible under the zoning ordinances of the Town of Agawam since the rear portion of the condominium's split lot zoned Residence A-3 had no other reasonable available access, and the Agricultural zoning district(over which the interior roadway travels) allows for residential use. In essence, you have utilization of property in the Agricultural zoning district,which allows residential use,for an interior roadway in a condominium complex, which is another residential use. I believe this was the basis for the town's decision in 1986 finding the interior roadway to be permissible. Please call with any questions. Ve r ly yours. ,l Dominic Urbinati 3 Position Statement This Position Statement constitutes a summary of the Trustees' position and response to the Refusal to Act Letter, a copy of which is attached as Exhibit 2. In the Refusal to Act Getter,the Building Inspector acknowledges that GFI has constructed Building 39 in violation of the Town of Agawam's Zoning By-Laws (the "Zoning By-Laws") and the variance previously granted by the Zoning Board of Appeals for the Town of Agawam (the "ZBA").1 Despite this acknowledged violation,the Refusal to Act Letter indicates that the Building Inspector will not issue a Cease and Desist Order with respect to further construction on Building 39 and will not revoke any Certificate of Occupancy that has been issued with respect to Building 39. (See Exhibits 1 and 2). As provided in the Refusal to Act Letter,the Building Inspector refuses to enforce the Zoning By-Laws ostensibly because 1) a stop work order has been issued for the two units in Building 39 which are in violation; and 2) GFI has filed a pending application with the ZBA to modify its variance. With his acknowledgment that part of Building 39 has been constructed in violation of the Zoning By-Laws,the Building Inspector's refusal to issue a Cease and Desist Order with respect to further construction on Building 39 and his refusal to revoke any Certificate of Occupancy that has been issued for Building 39 is in clear contravention of both applicable Massachusetts law and the Zoning By-Laws. c� General Laws c. 40A, § 7 provides as follows: a' ` The inspector of buildings...shall be charged with the enforcement of the zoning ordinance or by-law and shall withhold a permit for the construction, alteration or moving of any building or structure if the building or structure as constructed, 3 T altered or moved would be in violation of any zoning ordinance or by-law; and no o c-n _ permit or license shall be granted for a new use of a building, structure or land... The Zoning By-Laws at § 180-29, captioned "Use Restrictions,"provides in relevant part as follows: In a Residence A-3 District as indicated by the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except for apartment houses or garden-type apartments and accessory uses incident thereto and subject to the following restrictions:. . . C. No building shall be located nearer than 40 feet to a street line or other property line. The Building Inspector's position that he has properly enforced the Zoning By-Laws by issuing a stop work order for two units in Building 39, but not the entire building, is flawed. The Zoning By-Laws, at § 180-29, plainly prohibit the construction, alteration, or use of any building ' As discussed in the 40A Demand Letter,GFI has constructed Building 39 approximately 7.38 feet from the property boundary. (See Exhibit 1). located nearer to a property line than permitted. The suggestion that a building could be compliant with the Zoning By-Laws while part of it infringes on the setback requirement is utterly meritless. Because part of Building 39 violates the applicable setback requirement, Building 39 is in violation of the Zoning By-Laws and may not be altered or used. See Zoning By-Laws,at § 180-29; G.L. c. 40A, § 7. As the officer charged with the enforcement of the Zoning By-Laws, the Building Inspector is, therefore, required to 1) issue a Cease and Desist Order for all construction on Building 39; and 2)revoke any Certificate of Occupancy for Building 39. See G.L. c. 40A, § 7. The Building Inspector's suggestion that GFI's pending application to the ZBA has any bearing on his authority to enforce the Zoning By-Laws is simply incorrect. See Corn. v. A. Graziano, Inc., 35 Mass.App.Ct. 69, 73 (Mass,App.Ct.1993) (providing that the municipal power to prosecute zoning violations is not suspended by pending administrative proceedings before the permit granting authority). Thus, unless and until the ZBA grants a further variance or modifies GFI's variance and such variance withstands an appeal, the Building Inspector is required to withhold any and all building and use permits for Building 39, as required by the Zoning By- Laws and G.L. c. 40A, § 7. By the Refusal to Act Letter, the Building Inspector also refuses to act on the Trustees' request for enforcement of the Zoning By-Laws with respect to an access roadway GFI has constructed ("Access Roadway") over property owned by the Western Massachusetts Electric Company ("WMECO"). As discussed in the 40A Demand Letter, the WMECO property is located in the Agricultural District and GFI is impermissibly using the Access Roadway for access to a Residence A-3 district despite having never sought zoning relief 2 (See Exhibit 1). As provided in the Refusal to Act Letter,the Building Inspector ostensibly refuses to issue a Cease and Desist Order for this violation because 1)the planning board issued a"master permit" for the project in the 1980s; and 2)the previous Building Inspector raised no objections. (See Exhibit 2). These facts do not forgive compliance with the Zoning By-Laws. General Laws c. 40A, § 7 sets out the single circumstance in which compliance with a zoning by-law may be forgiven without a use variance issued by the applicable authority; when real property is used in accordance with the terms of a building permit for more than six years.3 See G.L. c. 40A, § 7. See also Moreis v. Bd. Of Appeals of Oak Bluffs, 62 Mass.App.Ct. 53 (2004). General Laws c. 40A, § 7 is clearly not applicable to GFI"s use of the Access Roadway since 1) GFI never obtained a building permit for the Access Roadway; and 2) GFI has been using said roadway for less than two years. Notwithstanding GFI's use of the roadway for less than two years, the issuance in the 1980s of a"master permit" by the planning board would not involve the protections of G.L. c. 40A, § 7. The Zoning By-Laws make no reference whatsoever to a "master permit,"thus a 2 As discussed in the 40A Demand letter, it is a matter of indisputable law in the Commonwealth that use of land in one zoning district for an access road to another zoning district is prohibited where the road would provide access to uses that would themselves be barred if they had been located in the first zoning district. Beale v. Planning Board of Rockland,423 Mass.690,697(1996). 3 A use variance is also unnecessary when the nonconforming use preexists a zoning by-law,but this exception is inapplicable to the instant issue. "master permit" is not a building permit as required by G.L. c. 40A, § 7. Furthermore, as provided in the Zoning By-Laws, planning board approval is merely a precursor to obtaining a building permit. See e.g. Zoning By-Laws, at § 180-29 (0). Thus, the Building Inspector's conclusion that a "master permit" allegedly issued by the planning board in the 1980s justifies his refusal to enforce the Zoning By-Laws is in error. To the extent that the Building Inspector, in the Refusal to Act Letter, claims to be estopped from enforcing the Zoning By-Laws because his predecessors raised no objections to the planning board's issuance of a permit,that justification for failure to act is equally unavailing. See Ferrante v. Board of Appeals of Northampton, 345 Mass. 158, 163 (1962) ("zoning power may not be forfeited by the action of local officers in disregard of the statute and the ordinance"). Unless and until the ZBA grants GF1 a variance to use the Access Roadway to access the Residence A-3 District, GFI's use of the Access Roadway is in violation of the Zoning By-Laws and the applicable laws of the Commonwealth. As the officer charged with the enforcement of the Zoning By-Laws, the Building Inspector is, therefore, required to issue a Cease and Desist Order for all non-conforming use of the Access Roadway. See Zoning By-Laws at § 180-29; G.L. c. 40A, § 7. Because the Building Inspector has failed and refused to enforce the Zoning By-Laws and, by the Refusal to Act Letter, notified the Trustees in writing of such refusal, the Trustees are entitled to an appeal to the ZBA pursuant to G.L. c. 40A, § 8.