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217 Meadow Street �� �1 �' �)annn� ��kra / z �l4 Town of Agawam t' 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 FORM A Application for Endorsement of Plan Not Believed tg Require Approval FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-13 Agawam, MA DLO Il. 20 /Z TO THE PLANNING BOARD: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. Mz Q I. Name of Applicant _ _M j¢L 10 2!$ CO L.L 1 x Address 49 2 P4 A P ..� 2 2. Name of Surveyor�NW&Jjq o S SO Cly4 fi�f _� Address 11(lQWA 44 /J I� • _ h3 J 0 3. Deed of Property Recorded in ►,n ---F- ".7 COu `n Book 2815- Page 178 4. Location of Property PVVf t,+j ate! S(DE jbj= njA P Le- 5. Describe the proposal in this submission: ` V Ullti) ft- �►��c `Q I �0 ATTACHMENTS - Two originals and three copies of plan by certified land surveyor. Filing Fee - $50.00 plus $20.00 per lot. � Signature of Owner v-.u-e-- Address �. r ..40r7O1 Town of Ag' awam . 36 Main Street Agawam,Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 November 15, 2012 Marjorie Colli 62 Maple Street Agawam, MA 01001 Dear Ms:Colli: At its duly called meeting held on November 15, 2012, the Agawam Planning Board voted to approve your plans under "Subdivision Control Law Not Required" fora parcel of land located on Maple Street. Plans drawn by Anderson Associates and.dated November 2012. Sincerely, AGAWAM PLANN BO 1601 Please be advised that failure to record the plan within six (6) months and provide praoLCbf recording will negate the action o f the Board. Detach on dotted,line and return to the Aewam Planning Board, 36 Main Street, Agawam, MA 011001. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . , . . . . . . . . . . . . . . . . . . t. . . To Agawam Planning Board Please be advised that the Form A plan that was filed by Colli and approved by the'Agawam Planning Board for a parcel of land located on Maple Street has-been recorded at the Hampden County Registry of Deeds. Book_ , Page Signature of Applicant j-" fj// P/g) �4 Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 41.3-786-9927 October 21, 2011 Cz v T. Russo Construction Corp. 3 AC 204 Suffield Street Agawam, MA 01001 3 � 3cn Dear Mr. Russo:- cn At its duly called meeting held on October 20, 2011, the Agawam Planning Boardtoed r^ to approve the Site Plan entitled"Proposed l�;aple View Comriil--G8 1 3-Parcel "A" Garden Street, Agawam, MA; Prepared for: T. Russo Jr. Construction Company, Inc., 204 Suffield Street, Agawam, MA; Prepared by: R. Levesque Associates, Inc.", dated 8- 30-2011, Revision Date: 10-12-2011 with the condition that all professional staff comments be addressed. 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: Building Insp. Eng. Dept, Town Clerk File R. Levesque Associates, Inc. r tine- Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands LlWPA Form 7 — Extension Permit for Orders of Conditions 87-056 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out 1. Applicant.- forms on the Richard Langone & Mary Roncalli-Langone _ computer, use Name only the tab key to move fit Mark Drive your cursor- Mailing Address C-) do not use the Agawam MA 1 4 01,001 return key. City/Town State N Zip Code 2. Property Owner(if different): 3nm same Name C:) Mailing Address City/Town State Zip Code B. Authorization The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: 10-8-09 Agawam Date Issued by: Conservation Commission �T for work at: Lot 8 Mark Drive K3 1l3 Street Address Assessor's MaplPlat Number Parcel/Lot Number recorded at the Registry of Deeds for: Ham den 18031 113 County Book Page Certificate(if registered land) 10-8-16 is hereby extended until: Date Date the Order was last extended(if applicable) This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. This Extension Permit must be signed by a majority of the Conservation Commission and a copy sent to the applicant and the appropriate DEP Regional Office htt ://www.mass. ovlde /about/re ionlfind our.htm Signatures: 8 1Z wpaformTdoc•rev.3/1/2010 Page t of 2 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 87-0566 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions)in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, it shall be noted in the Registry's Granter Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach this page and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: Agawam Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: Lot 8 Mark Drive 87-0566 Project Location DEP File Number has been recorded at the Registry of Deeds of: Hampden_ _ __ County for: Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaformTdoc•rev.31112010 Page 2 of 2 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands Ll WPA Form 7 — Extension Permit for Orders of Conditions 87-403 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important~ When filling out 1. Applicant: forms on the Richard Langone, Langone Realty Corp. computer, use Name only the tab key to move 62 Mark Drive your cursor- Mailing Address do not use the _Agawam MA 01001 return key. City[Town State Zip Code VQ 2. Property Owner(if different): Name ramm Mailing Address City/town State Zip Code B. Authorization The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: 10-8-09 Issued by: Agawam Date Conservation Commission for work at: Lot 8 Mark Drive K3 1/3 Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds for: Hampden 16014 111 County _ Book Page Certificate(if registered land) is hereby extended until: 10-8-16 Date Date the Order was last extended(if applicable) This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. only unexpired Orders of Conditions or Extension may be extended. This Extension Permit must be signed by a majority of the Conservation Commission and a copy sent to the applicant and the appropriate DEP Regional Office(httr)J1www.mass.aovldeplaboutlregionlfn4your.htm) Signatures: 8-23-12 Date ell— wpatorm7.doc•rev.31112010 Page 1 of 2 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 87-403 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions)in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, it shall be noted in the Registry's Granter Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach this page and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit, To: Agawam _ Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: Lot 8 Mark Drive 87-0566 Project Location DEP File Number has been recorded at the Registry of Deeds of: Hampden County for: Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaformTdoc•rev.3/1/2010 Page 2 of 2 n n.n rti 3 Massachusetts Department of Environmental Protection Provided by MZDEi�r11 Bureau of Resource Protection - Wetlands 87-0578 --x ' Ll C-2 WPA Form 5 -- Order of Conditions MassDEP Fii a Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transa n# Agawam rn � C ityfrown - A. General Information Important: Agawam _ When filling 1. From: Conservation Commission out forms on the 2. This issuance is for computer, (check one): a.®Order of Conditions b. E1 Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do Richard Langone not use tha a_First Name b.Last Name return key. Langone Realty Corp. c.Organizatioll to 108 Front Street d.Mailing Address ICI West Springfield _ MA 01089 e. City/Town f.State g.Zip Code a. Property Owner(if different from applicant): a. First Name b. Last Name c.Organization d.Mailing Address e.City/Town f.State g.Zip Code s_ Project Location: Lot 66 Mark Drive Agawam a.Street Address b.CitylTown K3 1126 c.Assessors Map/Plat Number d. Parcef/Lot Number Latitude and Longitude, if known: d rn s d _ m s d. Latitude e.Longitude wpaform5.doe- rev.12123/09 Page 1 of 12 Massachusetts Department of Environmental Protection Provided by MassDER Bureau of Resource Protection - Wetlands 87-0578 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Agawam City/Town A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Hampden a.County b.Certificate Number(if registered land) 583 126 c. Book d.Page Nov. 4, 2010 July 14, 2011 July 14, 2011 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance a. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Proposed Plot Plan &Wetland Plan, Mark Drive, Agawam, MA, for: Langone Realty Corp., 108 Front St., West Springfield, MA Thomas Wilson Thomas B.Wilson b. Prepared By c.Signed and Stamped by 7/13/11 1"= 30' d.Final Revision Date e.Scale Restoration Plan for Langone Realty Corp. n/a f.Additional Plan or Document Title g.Date B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act (the Act). Check all that apply: a. ❑ Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ❑ Private Water Supply e. f. ❑ Protection of pp y ❑ Fisheries Wildlife g. ❑ Groundwater Supply h. ® Storm Damage Prevention i. ❑ Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations_ This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. wpaform5.doc• rev.12123109 Page 2 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau at Resource Protection - Wetlands 87-0578 WPA Form 5 -- Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §44 eDEP Transaction# Agawam cityfrown B. Findings (coat.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project a. linearfeet disturbance and Bank or Bordering Vegetated Wetland boundary(if available) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b. linear feet a linear feet d. linearfeet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies and a.square feet b. square feet c.square feet d.square feet Waterways _ e.c/y dredged f.cly dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet s. ❑ Isolated Land _ Subject to Flooding a.square feet b.square feet Gut1iC Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet wpaform5.doc• rev.12/23109 Page 3 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 87-0578 r' WPA Form 5 -- Order of Conditions MassDEP File# ` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Agawam CitylTown B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 1,070 1,070 9. RiverfrOnt Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 1.070 1,070 200 ft g.square feet h.square feet i.square feet j,square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 1o. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a.square feet b.square feet c.Uy dredged d.cly dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches cu yd Cu yd a.square feet b.square feet c.nourishment d.nourishment 14. ❑ Coastal Dunes cu yd Cu yd_ a.square feet b.square feet c.nourishment d.nourishment 15. ❑ Coastal Banks a.linear feet b. linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet a cly dredged d.cly dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a,cry dredged b.Uy dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage wpaform5.doc• rev.12/23M Page4 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: L1Bureau of Resource Protection -Wetlands 87-0578 1 WPA Form 5 -- Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Agawam _ C ityr'rown B. Findings (cont.) 22. ❑ Restoration/Enhancement: a.square feet of BVW b.square feet of salt marsh 23. ❑ Stream Crossing(s): a. number of new stream crossings b.number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects. 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply_ a. the work is a maintenance dredging project as provided for in the Act; or b, the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill_ Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. wpaform&doc• rev.12123M9 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 87-0578 1 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Agawam Cktyrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cant.) 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project')is (i)❑ is not(2)0 subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed~ as per the requirements of Stormwater Standard 10; iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with past-construction BMPs is suitably established to withstand erosion. wpatorm5.doc• rev.1223M Page 7 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 87-0578 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP T ra nsaction# Agawam City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3)consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits)shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): SEE ATTACHED CONDITION wpaformEdoc• rev.12123/09 Page 9 of 12 TOWN OF AGAWAM, MASSACHUSETTS CONSERVATION COMMISSION ORDER OF CONDITIONS #87-0575 —Langone—Mark Drive 20. This Order supersedes all previous Orders of Conditions issued for this work. 21. The Order of Conditions applies only to the work permitted by this Order. Any other work to be done within the area of statutory interests of Wetlands Protection shall require the filing of a new Notice of Intent or Request for Determination. 22. During the construction phase,the applicant shall be responsible for maintaining a copy of these Orders at the site. The applicant shall be responsible for compliance with the conditions of these Orders. 23. Prior to the start of construction, adequate erosion and sedimentation control measures shall be implemented, and shall be maintained throughout the entire construction phase and until the site has become stabilized with permanent vegetative cover. 24. The Commission shall be notified at least seventy-two hours prior to the start of construction and after erosion control measures are in place to enable the Commission to ensure compliance with these Orders. 25. The erosion and sedimentation barrier shall serve as the alteration limit line. Said barrier shall fully protect the adjacent wetland/resource area, and no work shall be permitted beyond this limit line. No machinery shall be operated beyond this limit line. 26. There shall be no discharge or spillage of oil, fuel, any petroleum product or any other pollutant into any area of statutory interest. 27. At no time shall any construction materials, soils, fills, sediments, dredging or any other substances be stockpiled or stored in any area of statutory interest. 29. The construction site shall be left in a stable condition at the close of each day. Erosion and sedimentation controls shall be continuously monitored to ensure proper operation. A If any alteration of the wetland/resource area does occur, the Commission shall impose such measures as it finds necessary to protect and restore the areas of statutory interest. 30. Whether from on-site or off-site, any fill used in connection with this project shall be clean fill as described here: The fill material shall be clean coarse washed sand or other clean granular material essentially free of clay, fines, dust, organic matter, large stones, masonry, stumps, frozen clumps of earth, wood tree branches and waste material. Before the fill is put in place, all trees, brush and stumps shall be removed from the area to be filled. Topsoil, peat and other impervious materials shall be removed from all areas to be filled prior to the placement of the fill material. 31. Periodic maintenance/cleaning of the dry well shall be conducted by the owner and all successors in interest or control of the property. 32_ This parcel shall carry the following restrictions, and a covenant so noted on its deed: "This lot contains certain areas or abuts areas protected by Chapter 131, Section 40 of the General Laws of Massachusetts known as the Wetlands Protection Act and comes under the jurisdiction of the Agawam Conservation Commission. No cutting of trees, clearing of brush, digging, filling in with soil or debris, or the building of bridges is permitted within one hundred(100)feet of the designated wetland areas or within 200' of any designated river without specific approval granted by the Conservation Commission." 33. The Commission reserves the right to impose additional conditions on any or all portions of this work to minimize the impact of potential site erosion or noticeable degradation of water quality discharging from the site at any time. 34. Members and Agents of the Agawam Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the construction site to evaluate compliance with the order and to require the submittal of any additional information deemed necessary. 35. This order shall apply to all successor or assignee in interest or control of the subject property. Any conveyance of interest or control in the subject property shall make reference to this order by stating that the conveyance is subject to the provisions of an Order of Conditions under the Wetlands Protection Act, M.G.L. Chapter 131, Section 40, and by giving the book and page reference in the Hampden County Registry of Deeds where this order is recorded. 36. The petitioner shall have recorded in the Hampden County Registry of Deeds an "Order of Conditions Form" provided by this Commission. The Commission will not allow work to begin until proof of recording is provided the Conservation Commission. 37. All excavated material shall be stored outside of the riparian zone. 38. Erosion controls for this project shall be silt socks or straw wattles in front of the treeline on the back portion of the property and on the south side of the property and shall extend for 20' on the north side of the property. Massachusetts Department of Environmental Protection Provided by MassDEP: LlBureau of Resource Protection - Wetlands 87-0578 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Agawam City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes ® No 2. The hereby finds (check one that applies): Conservation Commission a. ❑that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1. Municipal Ordinance or Bylaw 2 Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ❑that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: 1.Municipal Ordinance or Bylaw 2. Citation 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows(if you need more space for additional conditions, attach a text document): wpafarm5.dac• rev.12123M Page 10 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 27-05:7 7 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special 7 ! Z-/// condition pursuant to General Conditions#4,from the date of issuance. 1. Date ofjsspnce Please indicate the number of members who will sign this form_ This Order must be signed by a majority of the Conservation Commission. 2. Number of Signers The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: ❑ by hand delivery on by certified mail, return receipt re uested,on 77 Date Date F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commissicn prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M,G.L. c. 131, § 40), and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. wpaform5ADc• rev.12123M Page 11 of 12 s wpeform5.doo• rev.12J23109 Page 13 of 12 -- i Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Emergency Certification Form Massachusetts Wetlands Protection Act M.G.L. c. 131,§40 A. Emergency Information Important: Agawam Conservation Commission When fillingout Issuance From: — Issuing Authority forms on the Off Meadow Street, south of Westfield River, see attached site locus computer,use 1. Site Location: only the tab key to move 2 Reason for Emergency: your cursor- do not use the Illicit damage to the Town's 10-inch and 20-inch sewer force mains. return key. 3. Applicant to perform work: Monday, March 21, 201 begin worms _ 4. Public agency to perform work or public agency ordering the work to be performed: Agawam Department of Public Works 5. Date of Site Visit: Start Date: End Date*: 03/18/2011 03/21/2011 04/21/2011 *no later than 30 days from start date or 60 d jsn the case of an Immediate Response AZon approkmd by DEP to address an oillhazardous rIldbarial refs. 6. Work to be allowed*: N Repairs to the 10-inch and 20-inch sewer force mains. Cleanup of untreated wastewater digeti overland per MassDEP Wastewater requirements W 3c'n r) F) WSJ "May not include work beyond that necessary to abate the emergency. B. Signatures Certified to be an Emergency by this Issuing Authority. Signatures: Chairm n(or des' ee) Date A copy of this form must be provided to the appropriate DEP Regional Office. WPA Emergency Certification Page 1 of 2 Rev.01131/0 Massachusetts Department of Environmental Protection �.� Bureau of Resource Protection - Wetlands WPA Emergency Certification Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions 1. Failure to comply with all conditions stated herein, and with aii related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Emergency Certification or subject to enforcement action. 2. This Emergency Certification does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. 3. This Emergency Certification does not relieve the applicant or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. Any work conducted beyond that described above, and any work conducted beyond that necessary to abate the emergency, shall require the filing of a Notice of Intent. 5. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Emergency Certification at Feasonable hours to evaluate compliance with this Certification, and may require the submittal of any data deemed necessary by the Conservation Commission or the Department for that evaluation. 6. This Emergency Certification shall apply to any contractor or any other person performing work authorized under this Certification. 7. No work may be authorized beyond 30 days from the date of this certification without written approval of the Department. D. Special Conditions 1. Notify the Commission of beginning and completion of emergency repairs. 2, Install hay bales andlor silt fence between the limits of emergency repair work and downgradient wetland resource areas. E. Appeals The Department may, on its own motion or at the request of any person. review: an emergency certification issued by a conservation commission and any work permitted thereunder, a denial by a conservation commission of a request for emergency certification; or the failure by a conservation commission to act within 24 hours of a request for emergency certification. Such review shall not operate to stay the work permitted by the emergency certification unless the Department specifically so orders. The Department's review shall be conducted within seven days of: issuance by a conservation commission of the emergency certification; denial by a conservation commission of the emergency certification; or failure by a conservation commission to act within 24 hours of a request for emergency certification. If certification was improperly granted, or the work allowed thereunder is excessive or not required to protect the health and safety of citizens of the Commonwealth, the Department may revoke the emergency certification, condition the work permitted thereunder, or take such other action as it deems appropriate. WPA emergency Gertificabon Page 2 of 2 Ray.0113110 R-- Sys -...- - l: �' -- �q ,c +1► INS -. 11' E4L f , y y ♦.. �T is Y xX",'; 3t` �� - � •' •' • � 1/a�ilE ONLYTOWN OF AGAWAMFRR �Q 36 MAIN STREET Case AFY0 : AGAWAM, MA 01001 Filed: J BOARD OF APPEALS Hearing: a ATEp Ma txpires: v Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and other By-laws. ti pr Applicant C4 � (e `Z.I e_ 3M Address o w �S-r A3G( 1A)Ck­WV , /✓�� 0 ( CEO 1n, )>a Application is hereby made for a SPECIAL PERMIT as provided by Section Zn n Paragraph of the By-law. r' Premises affected are situated on (('S Street; feet distant from the corner of Street and known as street number '1- 1 ~? Property is zoned as Reason(s) for request of Special Permit: Iw CN-V d Oyer -r were trs 1a- 'i �n � �e Ceilin� ar Kra J wns urs nJ ram` _ `the, er he b o 4-Yee I ' ia-h a a ae wan k>!-!k parc� s a� rk o ilzhe-d roo u ye r +- \,e old hc,s '2[A rCO -{ s MgaAoLO tv +he f-roY\-- of +fie KO© ASC .`t'I.12 Signature of owner or his authorized agent; Telephone #: 13 f Z (p 2 — r ZD NOTICE. THIS APPLICATION MUST BE FILLED OUT 1 1NK OR TYPEWRITTEN 542vt t Y`j Ot. f 4- V/1 Q lh rm t►rlv ►'1 �Cn}h 1 1 Q, J �--n r Gom&Y-eke_ Parch Qi c� `ar�S� a door �� `� Wo ca,,Wm I n5 a re- beIj n� �-emovcA ���w• -�lh� �rc��#- ,a-r +[I e �•btx--4e-. a ^ �,�v� �►ems are C3FY� -t o b� �� �` 1 &� t'aorA5 � 51W porch O Vjd r +(:) r,,e-,—of- c-o cAe , ti 7"he � 1 cn a wai Is are o i n� -fd be_ � n s u.tot, Ike ,�� mm'fnckw\ S 't (A5 15 Oj be r'e )v a w+'44-A v(n �F 4 COPY DECLARATION OF HOMESTEAD HAMPDEN COUNTY REGISTRY OF DEEDS 1, Scott N. Mackenzie, owning and residing at 217 Meaadow Street, Agawam, Massachusetts acquired via a deed from Bonnie Anne Toriani dated January 23, 1997 and recorded in the Hampden County Registry of Deeds at Book 9749, Page 37, hereby declare that I hold said real estate as a HOMESTEAD under the provisions of Chapter 188, sections 1 or 1 A of the General Laws of Massachusetts and expressly reserve the right to myself(and my spouse) or to the survivor of us, or our legal representatives, to revoke and rescind this Homestead as to ourselves and to the rights of our minor, unmarried children. p"pgENNVbWWVm 1 hand and seal this 4th day of March, 2002. MOWRY OF DEEDS RECINVED 6 MUM INST i RK-I�PG:TIME 6D:H�o� cott N. Mackenzie COMMONWEALTH OF MASSACHUSETTS DATE: — a - O DQNAtD E. ASHE, REGISTER Hampden, ss. March 4, 2002 Then personally appeared the above named Scott N. Mackenzie, known to me to be the person who executed the foregoing instrument and acknowledges the same to be hislher free act and deed, before me. ,? a cw a c, David W. Young, Not ublic 3 3 My Commission Expi . N n(In May 19, 2006 cart \ r' r+n Bk = O9 r 49-038 4754 a Exhibit "A" The land in Agawam, Hampden County, Massachusetts with the buildings thereon, bounded and described as follows: Beginning at a stone bound on the southerly side of Kirkland Street at the northwesterly corner of land formerly of Ellen Getchell now supposed to belong to one Healy and running thence SOUTHERLY on the Westerly line of said land of Healy about three hundred five and 6/10 (305 . 6 ) feet to a stone bound in the northerly line of Meadow Street; thence WESTERLY on said land named line fifty-five and 18/160 (55-18) feet to an iron pin; thence NORTHERLY in a line parallel with the first described line on land of Charles W. Hull , one hundred forty-six and 43/100 ( 146.43) feet to an iron pin; thence WESTERLY at right angles with the land described line and on other land of said Hull, fifty-five (55) feet to an iron pin; thence NORTHERLY at right angles with the last described line on other land of said Hull one hundred thirty-six and 42/100 ( 136 . 42) feet to an iron pin in the Southerly line of Kirkland Street and thence NORTH- EASTERLY on said last described line about one hundred thirteen and 3/10 (113. 3) feet to the stone bound at the place of beginning. BEING the same premises conveyed to the grantor herein by deed of Carl R. Violette dated November 22, 1989 and recorded in the Hampden County Registry of Deeds in Book 7331, Page 11. pdMLp E. ASHE, REGISTER 5 ORO ow 1DV1: 3. 1 0 i Pc;_ :mot 7 0 0 14-01 DISCHARGE OF MORTGAGE Countrywide Home Loans Inc. (fka Countrywide Funding CoMgration)holder of a mortgage From SCOTT N MACKENZIE Property 217 MEADOW STREET Address AGAWAM,MA 01001 to Countrywide Home Loans,Inc. dated 01/23/1997 recorded with County Registry of Deeds on 01/23/1997,for the state of Massachusetts in Book 9749,Page 4755.Doe# acknowledge satisfaction of the same. WITNESS my hand and seal this 03 day of December 1999. Countrywide Home Loans,Inc. Oka Countrywide Funding Co ration - By; Deanna Burns Assistant S By: C sta state of CALIFORNIA County of VENTURA Dated 12/03/1999 Then personally appeared the above named Deanna Burns,Assistant Secretary and Christina Santana,Assistant Secretary of Countrywide Home Loans,Inc. (1ka Countrywide Funding Corporations and acknowledged the foregoing instrument to be the free act and deed,before me a Notary Public. R.ICRA LOPEZ R Icela Lopez Notary Public Commission# 1204A18 Notary Public—C000r io ; My commission expires 12/10/2002 ..Vantum County War,Bpkes.Dec 10.20R2 M�a Recorded Satisfaction To: CHL Loan# 5431363 SCOTT N MACKENZIE Document Prepared By: 217 MEADOW ST CTC Real Estate Services AGAWAM MA 01001 1800 Tapo Canyon Road,MSN SV2-88 Sind Valley, CA 93063 HAMPDEN COUNTY RMTRY Of O f 1 I NOW :I _•�� 1+ 61 MAIN RM6 �I I € � Ii i� + a E+ !I ALI- 0�0 yO su 1 _ RM11 t pFa ZONE B ti ' - 1 sP 4 G CL C-) c> N Dx >p CD -n T n NOTE: THE PURPOSE OF THIS PLAN IS TO DETERMINE PHYSICAL Note: ENCUMBRANCES ON THE PROPERTY FOR USE BY LENDENG This plat is compiled from other plans, deed dimensions INSTITUTIONS. MORTGAGE AND TITLE INSURANCE COM- ES. IT IS 13ASED ON A SITE INVESTIGATION. IT 18 NOT and other sources of information, is riot to be construed as an THE IRESULT OF AN ACCURATE AND CONCLUSIVE BOUNDARY accurate Survey, and is subject to changes es 8 more accurate SURVEY AND is NOT SUFFICIENT TO BE USED FOR THE LAYOUT OF PROPERTY LINES OR THE ERECTING OF FENCES To the cow ijTr2�v.l4DF- v-qfJV4ESC-, CDgp. OF survey may disclose. BY THE OWNER. and the FiRSr AM =—elCA, ,A 71rLE 1x35UP-AKCE CO. To the best of my knowledge, information and belief. I hereby report that t tDD W N E R: �j N I have examined the premises and that this inspection plat shows the buildings J. .� as located on the premises described, that the buildings are entirely within �� 2 i � E no. Sim 4 lot lines, and that there are no encroachments upon the premises described by g �� �q � � �� FAI ALE: " = buildings of any adjoining premises,except as indicated. I further report that, s� IsT Epp +` to the hest of my knowledge, there are no easements of record affecting 7 K PLANS: the tract shown hereon, except as noted. I further certify that this property 1T� AaS4��AT�SPLAN. NO. is NOT located in the established flood hazard area. t MASS L IC. No;3$4SURVEYORS, INC. 07/16/2011 22:34 912-424-9720 NORMAN MACKENZIE PAGE 02 ba � s l� 7 f ' r F is k n r . i i� d6$ E z-d g0 owl" 4aCAC ELitVAr) o1v 60 39VJ 31ZN3AOVVI NVW�ION 0ZL6-VZV-ZT6 h6:ZZ TL0Z/9T/LO 07/16/2011 22.34 912-424-9720 NORMAN MACKENZIE RAGE 04 Q 49 _ la �7 Irk ti� 1 {ti y it 4 rI' t_, •cog l 0 oil 4 1 IF A G eSs f Y I (ro Aim- 0") I 4 vLo We 4 btu_ I � - I Orr- 1-- 4 Ho PlooR Pk AH pit r�. �rT , 5�! 33�d 3IZf�3�1'Jt7W 9�Yd�2.�Csi�f 07Z6—hZb—Zt6 �£�ZZ tt0ZI9I/L0 -i - yv YK. Auch, S In!(PLALs` $0 FrEL-r Vr� Ix 8 Rome fl�tr• w�. i y/3v 2 +E C49LLO 'Wf 2AP SPF .� .... -4 VOL OTtep1w1rFr� tP �A=04 FL '- � �� � 1NSL. a�.S'r' t�A'Vr'if� • $jaw. 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'yw9-♦ - i 1 TOWN OFAGAWAM 36 MAIN STREET AGAWAM, MA 01001 N BOARD OF APPEALS E pA October 24, 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 6:30 P.M., Monday, December 12, 2011 for the following: Case#: 1880 Petitioner: Scott Mackenzie Address: 217 Meadow Street Reason: Seeking a Special Permit in accordance with Section 180-7, Paragraph B of the Town of Agawam Zoning Ordinances to allow for an addition to a residential structure with less than the required frontage, front setback and side yard at the premises identified as 217 Meadow Street. Advertise: Wednesday November 23, 2011 and Thursday December 1, 2011 v Doreen Prouty Chairperson > ru b DP/jb fV p C -n ) �t ti h<*en 7 )e,Scd TOWN OF AGAWAM //1% l;Ze ,A) a 36 MAIN STREET AGAWAM, MA 01001 y� DECISION OF BOARD OF APPEALS 1 p MP C Petition of: Scott Mackenzie Premises affected: 217 Meadow Street 2 I Date: December 27, 2011 7 ` --: Case#: 1880 '' I CD Ti �o The Agawam Board of Appeals conducted public hearings and meeting between December 12,2011 and December 27, 2011 at the Agawam Public Library Conference Room, 750 Cooper Street, Agawam, MA for all parties interested in the appeal of Scott MacKenzie who is seeking a Special Permit in k accordance with Section 180-7, Paragraph B of the Zoning Ordinances,which would allow for an addition to a residential structure with Iess than the required frontage, front setback and side yard at the premises identified as 217 Meadow Street. After the public hearings, along with a site visit, and after a thorough review of the facts presented, the Agawam Zoning Board of Appeals made the following findings: 1. The property in question is located in a section of town zoned Residential A-2. 2. The petitioner has replaced the roof, constructed a second story addition and extended the roof over an existing entrance way without a building permit. The petitioner stopped work after receiving a cease and desist order from the Inspector of Buildings. 3. Section 180-25, Paragraph A states: "No part of any building shall be placed within 30 feet of any street line." 4. The existing structure has a front setback of thirteen feet, 6 inches (13' 6"). 5. Section 180-26,Paragraph Al states: "There shall be a side yard between a principle building and any side lot line which shall be 15 ft wide in its least dimension." 6. The existing structure has a side yard of twelve feet, 6 inches (12'6"). 7. Section 180-27 states:"No lot shall have a frontage of less than 110 feet nor an area of less than 15,000 square feet." 8. The existing lot has a frontage of 55.18 feet. 9. Section 180-7, Paragraph B (2) of the Town of Agawam's Zoning Ordinances states a nonconforming structure may be altered or enlarged in that use but only after the granting of a permit thereof by the Board of Appeals. 10. The petitioner is in violation of Section 180-7,Paragraph B(2)of the Town of Agawam's Zoning Ordinances by having altered and enlarged the pre-existing nonconforming structure before applying and receiving a permit by the Board of Appeals. 11. The new second story addition and the roof extension over the front entranceway have not created any greater an encroachment than that which already exists. 12. This specific site is an appropriate location for the proposed addition, which is situated in a residential area. I DECISION (p.2) Scott MacKenzie Case# 1880 13. No evidence was presented to this Board showing that the use,as developed, will have an adverse affect the health, safety or property values of the neighborhood. 14.No evidence was presented to this Board showing that there will be any nuisance or potential hazard to vehicle or pedestrian safety. 15. The proposed addition must meet all building regulations which will provide adequate and appropriate facilities and controls for the proper and safe operation of the proposed addition. 16.No evidence was presented to this Board showing that the proposed use would be considered so objectionable or obnoxious that the proposed use would be against the public interest or detrimental or injurious to the character of the neighborhood. Based on its findings, the Board is of the opinion that it is within the authority of the Zoning Board of Appeals to grant a Special Permit as stated under Section 180-7, Paragraph B (2)of the Zoning Ordinances. Now, therefore, by a unanimous vote of its three members,the Agawam Zoning Board of Appeals hereby grants the petitioner a Special Permit to allow for the construction of an addition to a residential dwelling with the following conditions: l. The second story addition and the goof extension over the front entranceway may remain as constructed. The original footprint of the existing structure must remain as is and conform with the zoning dimensions as shown in the plan provided entitled: "217 Meadow St. Agawam, MA, dated January 1997, drawn by Smith Associates and signed by the members of this board. 2. This special permit is for the two additions as described in above paragraph. 3. All construction material shall be placed in back yard so as not to be seen from the neighboring lots. All unused construction material shall be removed from the property no later than 2 weeks after no longer needed. 4. Beginning with the date of this decision,the petitioner is prohibited from breeding and raising rabbits for commercial use. Any rabbits currently owned and wishing to be sold by the petitioner must be done so by April 10, 2012, 5. The petitioner shall apply and be approved for a building pem-iit with the Town of Agawam's Department of Inspection Services within thirty(30)days from the date of this decision. 6. Pursuant to Section 180-16.1 of the Town of Agawam's Zoning Ordinances, the Zoning Board of Appeals hereby fines the petitioner$50 ($25 for each offense). 7. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special Permit"form, which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. 8. This Special Permit shall become null and void if construction does not commence within two (2)years from the date of this decision. This decision is subject to appeal in accordance with M.G.L. Ch.40A, Section 17 within twenty(20) days after this decision is filed with the Agawam Town Clerk. Attachment: Signatory Page of Decision TOWN OF A GA WAM O 9 36 MAIN STREET AGAWAM, MA 01001 h BOARD OF APPEALS SigLiatory Page of Decision J Case#: 1880 I Date: December 27, 2011 Applicant: Scott Mackenzie Address: 217 Meadow Street f By a unanimous vote of its three members, the Zoning Board of Appeals hereby grants the petitioner a Special Permit. This approval is subject to the conditions set forth in the attached written decision. Doreen ProutV G Su ti James Marmo Gary Geiger(Alternate) Richard Maggi (Alternate) Ax 4. N � T7'7 J =G 1 H 0,�-�,G s l�ll Q u-A Ln C-1 Approved by - N �- Agawam oning Board t App a3s NIF Hu�� act Date: -(ZZ NOTE. THE PURPOSE OF IS PL.A IS TO DETERMINE PHYSICAL Note: ENCUMBRANCES 0 THE PROPERTY FOR USE BY LENDING ''his plat is compiled from Other plans, deed dimensions PANINSTITUTIONS, MO WAGE AND TITLE INSURANCE COX- ES- IT IS BASED ON A SITE INVESTIGATION.IT IS NOT and other sources of information, is not to be construed as an THE IRESULT OF AN ACCURATE AND CONCLUS CONCLUSIVE BOUNDARY accurate survey, and is subject to changes as a more accurate SURVEY AND IS NOT SUFFICIENT TO BE USED FOR THE r LAYOUT OF PROPERTY LINES OR THE ERECTING OF FENCE$ To the Cou AJrt2�r�.#tDE Fri r.lD4r,1C-. Cpf�,p• survey may disclose. BY THE OWNER sand the rikSr AMF-PICA�A -i'iT� 1>)5 pAMCE Co. � To the best of my knowledge, information and belief, I hereby report that DOM" W N E R ; p� N Z have examined the premises and that this inspection plat shows the buildings J. �, OF LMIQ -Al- as located on the premises described, that the buildings are entirely within " p 2-1 �� lot lines, and that there are no encroachments upon the premises described by ' p y,� T�, ALE: buildings of any adjoining premises,except as indicated. I further report that, ss GrsT�P gy �� to the best of my knowledge, there are no easements of record affecting f �c T Y K -f FLANS I the tract shown hereon, except as noted. I further certify that this property LOTSMITH ASSOCIATES PLAN NO. is NaT located in the established flood hazard area. s tu4�►3s L Ec. No, A 3i 380 SURVEYORS, INC. ...._.............^.................._.....__..............-- ' ytt� TOWN OF AGAWAM FOR oFFicE use o 36 MAIN STREET Case#: / AGAWAM, MA 01001 Filed: . BOARD OF APPEALS : Hearing: { Al ED Mph Expires: ._.......-.............-............^........_..........,........................»»..... .........-.........-.,.3 Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and other By-laws. Applicant Mr . Paul Abrahamson for Agawam Properties , LLP Property - 408-410 Meadow Street Agawam, MA U1001 Address Officer- P 0 box 344 West Springfield , MA 01090 Application is hereby made for a SPECIAL PERMIT as provided by Section , Paragraph of the By-law. Promises affected are situated on 4 0 8-410 Meadow S t . Street; -18° feet distant from the cornerof Meadow and James Street and known as street number 408-410 Property is zoned as Res . B Reason(s) for request of Special Permit: Replacing apartment buildings destroyed by fire with new structures conforming to current Building Code . New structures to have 4 less units to fit on site while complying with new Code . b t"? b 3� C. s,.Q c- n Signature of owner or his authorized agent: Telephone #: �3 NOTICE; THIS APPLICATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN • , Bk 14914 Pg200 *24222 03---31-2005 Ca 02: 1 HP WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS that SIFFIELD REALTY,, Massachusetts General Partnership-with a principal place of business at 643 Suffield Street, Agawam, Hampden County, Massachusetts for consideration paid, in the amount of ONE MILLION THREE HUNDRED TWENTY-FIVE THOUSAND and 001100($t,325,000.00)DOLLARS grant to AOAWAM PROPERTIES, LLP, a Massachusetts Limited Liability Partnership, having a usual place of business at 18 Herrick Place, Wilbraham, Massachusetts with Warran&C ma Certain real estate situated in Agawam, Hampden County, Massachusetts, known and numbered as 408 Meadow Street, more particularly bounded and described as shown on Exhibit"A"attached hereto. Witness our hands and seals this26th day of March, 2005 SUFFIELD REALTY r � WIl t,LV aLLIP&SBONG-10YNE, P er II $ er NEIQ1FPl BINS,Partner W(04 4 0 o H�S I .0 Nd S-� I N 11 0 U Vw•w1'MV9V 3311JO SM313 WVMVIV Bk 14914 Pg 202 #24222 Exhibit"A" Description Sheet For Property At: 40$.Mcado3y Street, g$warn.MA A certain parcel of land situate in AGAWAM, Hampden County, Massachusetts, bounded and described as follows: Being designated as Lots 55 (fifty-five)through 66(sixty-six) inclusive, as shown on the plan entitled "Plan of lots owed by Flora S-Cross..."said plan being recorded in the Hampden County Registry of Deeds in Book of Plans 0, Page 29, said lots being bounded and described in one parcel as follows: NORTHERLY, by Meadow Street,One hundred twenty-six and 04/100(126.04)feet; EASTERLY, by John Street, `three hundred twenty-one and 89/100(321,89)feet; SOUTHERLY, by Lot 67 (sixty-seven)as shown on said plan, One hundred twenty(120) feet; and WESTERLY, ,Iby:land of o�wncr or owners unknown,Two hundred eighty-three and iit$ 3)feet SUBJECT TO restrictions of record if ant ii#:forcoAnd app.i 1q.; , BEING a portion of the prem►ms:cenueyed.to tantors herein by deed,of MEADOW REALTY PARTNERSHIP dated No bey 1, 1991 and recordk in tie ffampden County Registry of Deeds in Book 7846, P ge 5� \" LKWkA E.ASHL. RE RE6lST�y OF t,, r f A TRUE PHOTOCOPY AS RECORDED IN HAMPDEN COUNTY REGISTRY OF DEEDS AND IT IS SO CERTIFIED Cho BOO '/�- PAGE ATTEST: REGISTER QJ } {' CQuern r 0 ,?r`f(r'% A. �- TOWN OFAGAWAM 36 MAIN STREET �` b 9 to 006 AGAWAM,, AM 01001 N BOARD OF APPEALS E May 5, 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 6:30 P.M., Monday, June 13, 2011 for the following: Case#: 1876 Petitioner: Agawam Properties, LLP Address: 408-410 Meadow Street Reason: Seeking a Special Permit in accordance with Section 180-7, Paragraph B of the Town of Agawam Zoning Ordinances to allow for the replacement of an apartment building destroyed by fire with a new apartment structure at the premises identified as 408-410 Meadow Street. Advertise: May 26, 2011 and June 2, 2011 Doreen Prouty Chairperson : DP/j b n rT� w rn TOWNOPAGAWAM f, 36 MAIN STREET ~ AGAWAM, MA 01001 DECISION OF BOARD OF APPEALS ` I D�(1P Petition of: Agawam Properties, LLP Premises affected.: 408-410 Meadow Street I Date: June 17, 2011 _ Case 4: 187 I The Board of Appeals conducted several public hearings, beginning on Monday,June 13, 2011 j and concluding with a public meeting on June 17, 2011 for all parties interested in the appeal of Agawam Properties, LLP, which is seeking a Special Permit in accordance with Sections 180-7, Paragraph B of the Zoning Ordinances, to allow for the replacement of an apartment building destroyed by fire with a new apartment structure at the premises identified as 408-410 Meadow Street. I 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 area of town zoned Residential B. 2. The proposed apartment complex is replacing the previously existing apartment complex � which was destroyed by fire. 3. The use of the subject property was and will continue to be a non-conforming use. 4. Section 180-7 Paragraph B of the Town of Agawam's Zoning Ordinances states: "a building, structure or land which at the time of the enactment of this chapter is being put to a non- conforming use may be.... (4) rebuilt or restored and again used as previously, in case of a building destroyed or damaged by fire, explosion, or other casualty,provided that not more than 75 % of the building or structure exclusive of foundation has been so damaged or destroyed, except that the Board of Appeals may order a permit issued in any case of such loss. I 5. The easterly side of the new structure will not extend any closer to the side yard than the previous structure. a 6. The proposed structure will meet all zoning requirements. b 7. The petitioner has addressed all concerns as stated in a memo,dated May 24, 2011, f In tl Town of Agawam's Engineering Department. -�; S. A memo was received by this board dated May 11, 2011, from Sgt. Richard Niles, M'etyb I" Officer for the Town of Agawam stating "there would appear to be little negative ii act tq7 pedestrian, bicycle and/or motor vehicle traffic safety". 9. The specific site in an appropriate location for the proposed addition, which is situated in a residential area. I 10. No evidence was submitted to this board showing that the use, as developed, will have an adverse affect on the health, safety or property value of the neighborhood. } l I DECISION (p.2) Agawam Properties, LLP Case# 1876 11. No evidence was submitted to this board showing there will be any nuisance or potential hazards to vehicular or pedestrian safety. 12. The proposed addition will meet all building regulations providing adequate and appropriate facilities and controls for the proper and safe operation of the proposed addition. 13.No evidence was submitted to this board showing that the proposed use would be would be 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 180-7, Paragraph B (2)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 the construction of an apartment building with the following conditions: 1. The proposed building shall be constructed according to the plan entitled "Agawam Properties-Abrahamson, 408-410 Meadow Street, Agawam, MA", revision June 13, 2011,prepared by Casella Design Associates, LLC and signed by the members of this board. 2. The easterly side of the proposed structure must remain within the footprint of the previously destroyed building. 3. The subject property must continue to be used as before as a legal non-conforming use. 4. All zoning and building requirements must be met. 5. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special Permit"form, which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. 6. This Special Permit shall become null and void if construction authorized by the special permit does not commence within two (2) years from the date of this decision. This decision is subject to appeal in accordance with M.G.L. Ch. 40A, Section 17 within 20 days after this decision is filed with the Agawam Town Clerk, Attachment: Signatory Page of Decision 2 TOWN OF A GA WAM 36 MAIN STREET �!- AGAWAM,, M4 01001 BOARD OF APPEALS p MPy Si ng atory Page of Decision Case k 1876 Date: June 17, 2011 Applicant: Agawam Properties, LLP Address: 408-410 Meadow Street By a unanimous vote of its three members, the Zoning Board of Appeals hereby grants the petitioner a Special Permit. This approval is subject to the conditions set forth in the attached written decision. Doreen Pr UU G Suffrit Zia—rn-es-Marmo Gary Geiger (Alternate) Richard Maggi (Alternate) qS *Z wd L I KIP l! vw'WVAV9V 33133D S,M8310 WVMV.9V a WWW- E NOTES BELOW: MAX CROSS PITCH 2%: —BIT. CONC. TOP COURSE _, .. .. . : 6" CONC♦PAD W/ 6% :__ _ ____ -- •___-___ _' "`� ---- --- IT. CONC. BASE COURSE _ AIR ENTRAINING TYP: ----- __-- ------------- _______ -- 8 CRUSHED STONE BASE COURSE 8" CRUSHED STONE BASE COURSE _____________ _-___ -- -- --- --_ 12" PROCESSED -- -------- - 12" PROCESSED SUB- BASE COURSE CROSS SLOPE r2% MAX SLOPE—] - I SUB- BASE COURSE UNDISTURBED SOIL 2% TYP AL JI DENSE GRADED CRUSHE � DENSE GRADED CRUSHED STONE, SEE SPEC. I o 0 0 0 0 2 5 00 0 0 0 0 STONE SEE SPEC. PROCESSED GRAVEL > _2 -2 v ; 1 : 12 , o0000000 1 12 PROCESSED GRAVEL, SEE SPE _ T000�a000a000 e .SEE SPEC: YPICAL CONC. WALK, NO CURB TYPICAL BIT, CONC. PAVEMENT o 0 o a o , _ 6' 4� ` 6� -7 ,. . MAX CROSS PITCH 2%: 6" MIN. DIM. CONC.PAD W/ 6% M _°___°-- .___ ::: �. AIR ENTRAINING, TYP: - _____ _ ____________ ________ -_ __- _: - __°-_ 8"CRUSHED STONE BASE COURSE - DETECTABLE WARNING PANNEL, TYP: - - - --- 12"PROCESSED PERPENDICULAR CROSSWALK 6 ' SUB- BASE COURSE (—+ Q DENSE GRADED CRUSHED UNDISTURBED SOIL APPROACH, TYP. A-2 U STONE, SEE SPEC. Q Q it PROCESSED GRAVEL, 3 TYPICAL CONC. WALK., WITH CURB -2 I� SEE SPEC. -Q � 2 H \ I � G� � 0 CZ Q - - N 4 22 '4 6 "E- DETECTABLE WARNING PAD • • • • i • • • • • �•. i•6. _ �s' s r. � N � a a- N I .1 I I / I I /1 I I. I i �. �I -i / I .I I I I -♦I♦- ••t - ••i ••I .I . I •rom •.•'°. �;1 � O I : i t m r $i,, 'fir'- n z ® W y . 1 •1 o � W 0 0 I 4 8 ,4 •.g :-:-: i is n PROPOSED / Q MEADOW I y STREET \ \o APARTMENTS \ (}� . . . BUILD IN O o•� 8,0 _a _ -%-- SGNAG 5AS PER,SEC 2&s�--�-- !-- N O W W o � CD Z I I v \� ` Q 'A D I � z Z EX/STING : . . s. m � F--`—i FriBUILDING G r -. . . . . a O. F. 80.93 Z. —, 14 t• _ - TABLE WARNING P t : � : `�, O . _ 5' 4>4 : Z ' l 91 n`. \ W I 1 L� � U �N URR T DUMPSTER LOCATION, elr. t�NG PAwr+r Q 3 I • ♦ I ,�,x 5 '0 i CH LINK FENCE: W W cf9,5 1 LL Q W I. J - - TABLE WARNING / ' - ; 5 SY. QW n _ o » � co CD W o� S142246 W N ROW �F ARBORVITAE ROW OF ARBZR VI TAE /' `. T; A O ti CD Lr3 CC) G 1 DRAWING N G� / l - L , l �� j f '1 i' f✓/ i i ! r/ rr ✓J ��l!�' f! `l J I/! ,i ! i j / ,. f \ I�l / i—i j 1 i'j l l ! �'j�!. i f _— _ - 2 SCALE . �9 = SCHEMATIC #3 D - - - - C a 3� N Do - - GA � n rn "own .offAgawae`�e-ul'/or 'a 36 Main Street Agawam, Massachusetts 01001-1837 ,i. Tel. 41.3-786-0400 Fay.413-786-9927 le FORM A Appliotion for Endorsement gf Plan Not Believed to uire A1212roval FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION it-B Agawam, MA 20_U TO THE PLANNING BOARD: The undersigned, believing that the accompanying plan of his property in the Town pf P- Agawam does not constitute a subdivision within the meaning of the Subdivision Col rol , Law, herewith submits said plan for a determination and endorsement that Planning MILA Board approval under the Subdivision Control Law is not required. j, :0.c 1. Name of Applicant T- RuSszoCOssTRUCTION_CORPORATIO_ W Address 204 SU I=FIELD S-r. ACAW Qry) MA 2. Name of Surveyor DoNAUD _. SM lTH SM rrvi As&ycImFS LAmD uEti'cm Address 1-Vo B BALDW I N &r"R EE r EAST EA DAM A. 0 1028 3. Deed of Property Recorded in HAwIPDEm CQy4ST,.( REG 1STRY OF Daacs Book E80+ Page 49 S 4. Location of Property NofRr" sim vF gC=H0C(_ STREET k EAST SIDE OF M%C%4EL1r= 5. Describe the proposal in this submission: IG -T _ p p THE APPI,.I�rgNT IS PROp�IN� -� REVISE LOT 10 AND DEE40 A IOR-nCN -01F LC .r 10 MICZHELff LAWS -M THE OWUERS OF 34-:5 SCHOC)L STREET ATTACHMENTS - Two originals and three copies of plan by certified land surveyor. Filing - $35.00. Signature of Owne Address d S Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 March 4, 2011 Thomas Russo, Jr. 204 Suffield Street �„ C Agawam, MA 01001 m Dear Mr. Russo: At its duly called meeting held on March 3, 2011, the Agawam Planning Board voted to:tpr the plan entitled "Retaining Wall Removal & Proposed Grading Plan",prepared by Eco%�,Aj ' Environmental Associates, Inc. and dated January 2011. h If you have any questions, please contact this office at 786-0400,extension 245. Sincerely, Travis P. Ward, Chairman AGAWAM PLANNING BOARD TPW/DSD:prk cc: Eng. Dept., Building Dept., Assessors, Town Clerk, File Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786.9927 FORM A Al2i2lication for End rsement of Plan Not Believedto. Re wire Approval FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION ii-B Agawam, MA C 20 /2 TO THE PLANNING BOARD: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision Contriv _ Law, herewith submits said plan for a determination and endorsement that Planning „ Board approval under the Subdivision Control Law is not required. - 1. Name of Applicant h 1W al., Address 2. Name of Sury or ^? Address - 3. Deed of Property Recorded in Book Page 4. Location of Property 5. Pyscribe the proposal in this submission: -2,446 � ATTACHMENTS - Two originals and three copies of plan by certified land surveyor. Filing Fee - $50.00 plus $20.00 per lot. Signature of Owner e,7 L c Address qSq tqiu St LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, January 20,2011 at 7:00 PM at the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of the Agawam United Methodist Church and Florida Towers LLC for a request to include property at 459 Mill Street in the Town's ire ess ver ay District. Copies of the proposed zone change can be obtained from the Agawam Planning Office or the Agawam Town Clerk's Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street,Agawam,MA. BY ORDER OF: Travis P. Ward, Chairman Agawam Planning Board (Ad to be run 1/6/11 & 1/13/11) cc: Planning Boards of: Southwick Springfield West Springfield Westfield Suffield, CT PVPC Dept. Of Housing&Community Development 2-Dil TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MA 01001 or •� BOARD OF APPEALS E �` � n December 16, 2014 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, Jauary 26, 2015 for the following: Case#: 1933 Petitioner: Verizon Wireless Address: 491 Mill Street Reason: Seeking a Special Permit in accordance with Section 180-96 of the Town of Agawam's Zoning Ordinances which would allow for the construction of a telecommunications wireless service facility at the premises identified as 491 Mill Street. Advertise: Thursday January 8, 2015 and Thursday January 15, 2015 Doreen Prouty Chairperson DP/jb �-6t A\d4Tk4C-- / Ike r 011/1< A TOWN OF AGAWAM 36 MAIN STREET AGAWAM,, MA 01001 BOARD OF APPEALS a E � January 28, 2015 The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library Community Room, 750 Cooper Street, Agawam.,MA,beginning at 7:30 P.M., Monday,February 23, 2015 for the following: Case#: 1933 Petitioner: Bell Atlantic Mobile of Massachusetts Corporation, LTD dba Verizon Wireless Address: 491 Mill Street Reason: Seeking a Special Permit in accordance with Section 180-96 of the Town.of Agawam's Zoning Ordinances which would allow for the construction of a telecommunications wireless service facility at the premises identified as 491 Mill Street. Advertise: Thursday February 5,2015 and Thursday February 12,2015 Doreen Prouty Chairperson DP/jb _ c• 0` 1 R,el i /A-1& C Verl I b r) TOWNOFAGAWAM '� ' 36 MAIN STREET r44 'fi AGA WAM,, MA 01001 . BOARD OF APPEALS January 28, 2015 The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library Community Room, 750 Cooper Street, Agawam, MA, beginning at 7:30 P.M., Monday, February 23, 2015 for the following: Case#: 1933 Petitioner: Bell Atlantic Mobile of Massachusetts Corporation, LTD dba Verizon Wireless Address: 491 Mill Street Reason: Seeking a Special Permit in accordance with Section 180-96 of the Town of Agawam's Zoning Ordinances which would allow for the construction of a telecommunications wireless service facility at the premises identified as 491 Mill Street. Advertise: Thursday February 5, 2015 and Thursday February 12, 2015 Doreen Prouty Chairperson DPljb czt- ,-, r 5c(( AWt�, C- Vc v- r-2-on TOWN OF AGA WAM 36 MAIN STREET 7 AGAWAM, MA 01001 BOARD OF APPEALS E ` January 28, 2015 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,February 23, 2015 for the following: Case 4: 1932 Petitioner: Bell Atlantic Mobile of Massachusetts Corporation, LTD dba Verizon Wireless Address: 491 Mill Street Reason: Seeking a Variance from Section 180-97 of the Town of Agawam's Zoning Ordinances which would allow for the construction of a telecommunications tower with less than the required distance from the base of the tower to the property line at the premises identified as 491 Mill Street. Advertise: Thursday February 5, 2015 and Thursday February 12,2015 Doreen Prouty Chairperson DP/jb c, r� TOWNOFAGA 3 6 MAIN STREET M 41-e O AGA WAM,, MA 01001 _ y� DECISION OF BOARD OF APPEALS o � D MPy Petition of. Verizon Wireless Premises affected: 491 Mill Street Date: March 23, 2015 Case#: 1932 The Board of Appeals conducted two public hearings followed by a public meeting on April 6, 2015 for all parties interested in the appeal of Verizon Wireless, which is seeking a'Variance from Section 180-97 of the Town of Agawam's Zoning Ordinances which would allow for the construction of a telecommunications tower with less than the required distance from the base of the tower to the property line at the premises identified as 491 Mill Street. 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 area of town zoned Residence A-2 and Business B. 2. The subject property lies within the Town's Wireless Telecommunications Overlay District. 3. The petitioner proposes to construct a wireless telecommunications facility which includes a one hundred foot (100')tower surrounded by a fifty by fifty fenced compound. 4. Section 180-97K of the Town of Agawam's Zoning Ordinances requires "the minimum distance from the base of a telecommunications tower to any property line and/or street, and all buildings on the subject property occupied on a regular basis, shall be a minimum of 260' or 1 1/2 times the height of the tower' . 5. The proposed tower will be located 65' from the eastern property line and 194' from the western property line. 6. Requirements of Section 180-97K of the Town of Agawam's Zoning Ordinances can not be met since the subject property is less than 260' along its entire length. 7. The required information submitted by the petitioner was given to Mr. Dave Maxson, WCP of Isotrope LLC, 505 Main St. Medford, MA. for review. 8. Mr. Maxson states in his report summary that other than a power transmission pole located approximately 2000 feet easterly of the subject property,there are no other alternative locations within the Wireless Telecommunications Overlay District which are usable. 9. Verizon's policy of not utilizing power transmission pole is reasonable due to the additional inconvenience of maintaining such facilities. 10. Section 10 of the Massachusetts General Laws, Ch. 40A, details the requirements that must be met in order to grant a variance. 11. The Board members found that owing to circumstances related to the size of the subject property but not generally affecting the Wireless Telecommunications Overlay District in which it is located is unique. 12. A literal enforcement of the provisions would involve substantial hardship to the petitioner since the petitioner would not be able to close the gap of its coverage. 13. The desired relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of Section 280-97K of the Town of Agawam's Zoning Ordinances. 14. Evidence has been submitted supporting the fact that under the Telecommunications Act, the Board cannot deny a variance if in so doing it would have the effect of prohibiting wireless service. 15. The denial of this request would have the effect of limiting the coverage needed to adequately service the area in question. 16. The members of this Board agree that the Federal Communications Act preempts state and local zoning laws. Therefore, by a unanimous vote of its three members, the Agawam Zoning Board of Appeals grants the petitioner's variance request to situate a telecommunication wireless tower within the 260' minimum setback. 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 AGA WAM 36 MAIN STREET AGAWAM, MA 01001 tir `1m BOARD OF APPEALS r_5 1 cr. Signatory Page of Decision n� -n r� Case 4: 1932 Date: April 6, 2015 Applicant: Bell Atlantic Mobile of Massachusetts,LTD dba Verizon Wireless Address: 491 Mill Street By a unanimous vote of its three members, the Zoning Board of Appeals hereby grants the petitioner a Variance. This approval is subject to the conditions sett forth in the attached written decision. P',a',�""�" (��J 41'7A Doreen Prouc Gary Suffriti James Marmo Gary Geiger(Alternate) Richard Maggi ( ternate) TOWN OFAGAWAM �►� 36 MAIN STREET AGA WAM, MA 01001 DECISION OF BOARD OF APPEALS -r7 Petition of. Verizon Wireless Premises affected: 491 Mill Street Date: March 23,2015 Case#: 1933 The Board of Appeals conducted two public hearings followed by a public meeting on April 6, 2015 for all parties interested in the appeal of Verizon Wireless,which is seeking a Special Permit in accordance with Section 180-96 of the Town of Agawam's Zoning Ordinances which would allow for the construction of a telecommunications wireless service facility at the premises identified as 491 Mill Street. 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 area of town zoned Residence A-2 and Business B. 2. The subject property lies within the Town's Wireless Telecommunications Overlay District. 3. The petitioner proposes to construct a wireless telecommunications facility which includes a one hundred foot(100')freestanding monopole and a twelve by twenty-six foot(12' by 26')equipment shelter. The overall dimensions of the fenced compound will be 2500 square feet. 4. A variance was granted(Case# 1932) for the erection of the one hundred foot(100')tower to be located within the two hundred sixty feet(260')minimum setback(Section 18-97K of the Town of Agawam Zoning Ordinances). 5. An independent consultant, Mr. Dave Maxson WCP, of Isotrope LLC, 505 Main St., Medford, MA was hired to review the information submitted by the petitioner. 6. Mr. Maxson states in his report summary that other than a power transmission pole located approximately 2000 feet easterly of the subject property,there are no other alternative locations within the Wireless Telecommunications Overlay District which are usable. 7. Verizon does not wish to locate on a power transmission pole due to the extra requirements needed to locate on such a pole. 8. Verizon's policy not to locate on a power transmission pole is reasonable. 9. The use of repeaters will not be effective for this proposal. 10. The Agawam Planning Board recommended approval of the site plan, dated January 15, 2015. 11. A vegetated buffer strip of undisturbed trees will help screen the facility. 12.There shall be a one square foot sign stating the name of the petitioner and a twenty four hour emergency telephone number posted by the entry gate. 13. Most interconnections to and from the facility and all power to the site shall be installed underground. DECISION(Page 3) Case# 1933 Verizon Wireless 7. The petitioner shall provide a certificate of insurance to this Board and to the Inspector of Buildings before the issuance of a building permit. This certificate of insurance shall be submitted to the Agawam Planning Board on an annual basis showing proof of insurance. s. This personal wireless telecommunications facility shall be removed if said facility ceases to operate for a period of one(1) year, 9. The petitioner shall immediately notify the Town if its license/permit from the Federal Communications Commission is revoked or suspended. 10. There will be no lighting of the freestanding monopole unless required by the Federal Aviation Administration. 1. The Town will be permitted to install a public system on the tower if said equipment is available at the time the tower is constructed. The petitioner will install the equipment without charge to the Town. 12. The petitioner shall file with the 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. 13. This Special.Permit shall become null and void if construction does not commence within two (2) years from the date of this decision. This decision is subject to appeal in accordance with M.G.L. CH. 40A, Section 17 within 20 days after this decision is filed with the Agawam Town Clerk. Attachment: Signatory Page of Decision TOWN OF AGAWAM 'g 36 MAIN STREET AGAWAM, MA 01001 BOARD OF APPEALS A7fD MPy Signatory Page of Decision Case#: 1933 Date: April 6, 2015 Applicant: Bell Atlantic Mobile of Massachusetts LTD dba Verizon Wireless Address: 491 Mill Street By a unanimous vote of its three members, the Zoning Board of Appeals hereby grants the petitioner a Special Permit. This approval is subject to the conditions set forth in the attached written decision, Doreen Prou Gary Suffriti James Marmo Gary Geiger (Alternate) Richard Maggi ( I ternate) 7.77777 ++yy AG Town of Agawam Clerk's Office ` 36 Main St,Agawam, Massachusetts 4140I-1837 Tel.413-786-0400 X 8746 or 8747, Fax 413-786-9927 Email: clerk@agawam,ma.us May 21, 2015 RE: Decision/Case #1932 To Whom it May Concern; 1 Hereby certify that according to records in the Agawam Town Clerk's office, an appeal has not been received within twenty (20) days for the site plan for Verizon Wireless at 491 Mill Street. 9 Richard M. The roux, Town Clerk Massachusetts Department of Environmental Protection �QOY Bureau of Resource Protection - Wetlands { WPA Form 2 -- Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General information Important: When filling out From: forms on the . Agawam _ computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Melissa Poirier return key. Name Name 4 Moore Street °Q Mailing Address Mailing Address Agawam MA 01001 City/Town state Zip Code Cityrrown State Zip Code 1. Title and Date(or Revised Date if applicable) of Final Plans and Other Documents: Town of Agawam GIS 9126112 Title Date Title Date Title Date 2. Date Request Filed: October 1, 2012 B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): 8' x 10' shed Project Location: 4 Moore Street Agawam Street Address Cityrrown 117 1/17 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•rev.121151g0 Page 1 of 6 LeiMassachusetts 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 (cant.) 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: Ne 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 wpaforinldoc•rov.12A SW 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 (cost.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ® 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3.The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4_ The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•rev.12/1 SM 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 (cunt.) ❑ 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 Bytaw 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 October 12, 2012 Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Appendix A) and the property owner(if different from the applicant). ❑ESignatures: October 11, 2012 Date wpaform2.dac•rev.12/1 SM Page 4 of 5 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 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 Dennis King Laurel Anne LeDuc& Robin Lynn Kraus-Riccio return key. Name Name 45 Rising Street 60 Mountain View Street V� Mailing Address Mailing Address Feeding Hills MA 01030 Ag warn, MA 01001 Cityrrown State Zip Cade City/Town State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Plan for Conservation, A awam, Massachuset#s 4-29-2011, revised Title 5-16-2011 for: (applicantLDennis King, 45 Rising Street, Feeding Hills, MA Title Gate Title Date 2. Date Request Filed: May 5, 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 Bowing Determination. Project Description (if applicable): - n Construction of single family house. 0 cy rn Project Location: Mountain View Street Agawam Street Address Cityf'rown Fla 1/29 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•rev..1211 SM Page 1 of 5 Massachusetts Department of Environmental Protection L7 Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) u 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. 200' Riverfront Area; 1.00' buffer zone; bordering vegetated wetland west of proposed house ® 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. Bordering vegetated wetland adjacent to the perennial stream (Three Mile Brook) north of proposed house. ❑ 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.d0e•rev.12/15MG 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.) ❑ 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 statuatorytregulatory 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 13 , 2011 Data _ 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). ❑Signatures: Ana a- Lz�� 00 May 12 , 2011 Date wpaform2.doc•rev.12/15/00 Page 4 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 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see Appendix A) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc•rev.12115l00 Page 5 of 5 r 1! • Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix A - DEP Regional Addresses 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 4462 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Were 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 Sandisfield Wendell Belchertoam East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardstcn Egremoni Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shrtesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Grenville Leyden Otis Springfield Williamstown Chesterfield Great Barrington. Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston MilNilie Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Dudley Holliston Norhborough Southborough Westborough Phone: 508-792-7650 Auburn Dunstable Lancater Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD: 508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester 801tor Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsb0rough Brookfield Hopade4z 141ford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattepoisett Provincetovm Tsbury 2D Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax NewBedFord Rochester Wetlfleel Phone: 508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax: 508-947 6557 Berkey East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate WestTisbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whilman Bridgewater Fairhaven Lakevft Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marian Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 205 Lowell$tfE@t Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Wilmington,MA 01887 Ashland Concord Ipswich Millis Revere Watertown Phone:978-661-7600 Bedford Danvers Lawrsnce MMM Ro&pOrt Wayland Fax: 978 661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wanham TDD:978-661-7679 Billerica Drawt 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 Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Meirose Peabody Topstield Wpaform2.doc•Appendix A•rev.11J22100 Page 1of 1 36ALUN STRMT AOAWAK MA 01001 BOAS OFA IFALS y Case # /� r =a Filed l 1 /f m yQ c� APPlicadon to Bo -d of Appeals foi �1 rG� from &e reap i�retim mts of the Zoning By-aws Applicant Dennis King -Address„ 4S Rising Street Facdiug,A II& 1A 01030 A"Headon is hereby stack for a from the require o is of Section _180 • Paragraph 41 of7.o TkgOrdinsslce. Variance from frontage of 120' to 50' . Prexsmises afFe}cted: Rear of 14Quntainylgk _St: - abuts Franklin ,St_ Ext nn the west. -Address Parcel Id = H8 3 1 & H8 3' -29. Deoription ofpsopowdlarisisngbudding: (Small barn 1,050 S.F.) Proposed is a: 2,200 S.F. House And ,a 24' X 40' Barn - 1. Silt of Tsui laHng. w/3 car gar. Height: ZQ`±_ - #of staries 1 - 2. Otcupancy,or Uae: (ofea+rh floor) Residence 3. Building Zoft Distdct: Agriculture 4. .Date of Erection: ASAP 5. Has there been a previous appeal,under zonnn on these Fxcndxs No � 6.. Description of proposed work or use: Proposal is to use the pr eert9 (8.4 acres) . for construction of a single family homesite. 7. The principal. rdeasot•n upon which I base my appUcation are as follows: This property has over 400' of frontage on Franklin Street Ext. just be !2nd the eveloped portion of the street. The topography of the undeveloped portion of the street is severe and wouldprohlbit the future continuation of the street for le al frontage ur oses for Lbia Proggrty. T is Property alsQ_has 50' of frojL, arze on Mountainview Street, which is an accepted town way. The petitioner is requesting a Variance to use the 50' of viable frontage-as his le al' access to develop one homesite on the 8.4 acre •steel, (The 50' of frontage necks down to 25' which would preclude the development of a public way). Without a variance the land cannot be developed, . Development with the variance would not be a detriment to' the neighborhood due to the Iarge size of the parcel and it would not derogate from the intent nor purpose of the Zoning By-Law which is enacied primarily for viable access and density. Signature of owner or his authorized ag nt 'f Bernard LeDuc NOTICE: THIS APPLICATION MUST BE FILED OUT RVVV C OR TYP.EWRM7W Bk 15619 Pg319 #1255 01-05--2006 @ 03:54P QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS, that we, BERNARD A. LeDUC and LORRAINE K. LeDUC, husband and wife, both of 60 Mountainview Street, Agawam. Hampden County, Massachusetts, for an amount of One Dollar($1.00), grant to LAUREL ANNE LeDUC, 43 Colorado Drive, Holden, Massachusetts, and ROBYN LYNN KRAUS-RICCIO, of 563 Shoemaker Lane, Agawam, Massachusetts, as joint tenants, with QUITCLAIM COVENANTS the land in Agawam, Hampden County, Massachusetts,being more particularly bounded and described as follows: PARCEL I. < Beginning at an iron pipe in the northerly line of Silver Street at the southeasterly corner of property now or formerly of Nancy M. Hall and running thence in a northerly direction in a line forming an interior angle of Q 70° 28' with the northerly line of Silver Street along the easterly line of property of the said Hall and along the easterly line of property now or formerly of Bridget McGrath fifteen hundred four and 1lfl00 (1504.11)feet An to a stone bound;thence southeasterty in a line forming an interior angle of Z �3 1O 3 U) 43' 30' with the last described course along the southerly line of property N grC-)- .s now or formerly of Raffaeie and Eleanor D'Amato one hundred thirty-six and 3 .� 30l100 (136,30) feet to an irons pipe; thence easterly in a line forming an = x _ interior angle of 224* 30' with the last described course along the southerly Zvi line of property of the said D'Amato and along the southerly line of owners •• ¢ ro w Q unknown five hundred two and 201100 (502.20)feet to an iron pipe; thence — -n southerly in a line forming an interior angle of 920 17'with the last described m N course along the westerly line of property now orfonnerly of Tony and Rose w Maloni one thousand eighty-four and 40/100 (1084.40)feet to a point at land now or lately of Was J.and Grace S.Gries;thence westerly in a line forming $ a right angle with the last mentioned course two hundred seventy-four and 551100(274.55)feet along the northerly line of land of said Gries and along the northerly line of property of Columbia and Harold Magagnoli to an iron pipe;thence southerly in a line forming a right angle with the last described course along the westerly line of property of the aforementioned Magagnoli two hundred (200) feet to an iron pin in the northerly line of Silver Street; thence westerly along the northerly line of Silver Street in a line forming an interior angle of 102'30'with the last described course one hundred forty-six and 83I100 (146.83) feet to an angle point in the highway line; thence westerly along the northerly line of Silver Street two hundred and 031100 (200.03)feet to the point of beginning; but, excepting from the above land any part or parts thereof that was or were heretofore conveyed by deeds duly recorded in Hampden County Registry of Deeds. Together with the right to use in common with others lawfully entitled thereto for all purposes of a public street a parcel of land fifty (50)feet in width as more specifically set forth in the deed of Kenneth F. Foote, et ux, to George Vadnais, Trustee, dated April 3, 1951 and recorded in said Registry of Deeds in Book 2106, Page 269; if the same is applicable to the said premises above described. Being the same premises conveyed to the grantors herein by deed of Regina L. Ouellette, dated February 3, 1968, and recorded in the Hampden County Registry of Deeds, Book 3317, Page 340. 15K 130l!F rg .3Lu wizaa PARCEL 2. Being designated as Parcel C as shown on a plan of"Perkins' Little Farms", recorded in Hampden County Registry of Deeds,Book of Plans T, Page 18, together with all of our right,title and interest of record in and to that portion of Perkins Avenue which is adjacent to said Parcel C as shown on said plan, subject,however,to rights of others of record in said Perkins Avenue. Excepting from this conveyance, however, that portion of said Parcel C as was deeded by Bridget McGrath to Nancy McGrath Hail by deed dated February 13, 1940, recorded in the aforesaid Registry, Book 1688, Page 436,and further excepting herefrom a parcel of land bounded and described as follows: Beginning at a point on the Easterly side of said Perkins Avenue at the Northwesterly comer of said land deeded to Nancy McGrath Hall, and running thence Northerly by said Perkins Avenue forty and 071100 (40.07) feet to a point;thence Easterly forming an interior angle of 90'one hundred two and 971100 (102.97)feet to land now or formerly of E. S. Fisk; thence Southerly by last named land to the Northeasterly comer of the aforesaid land of Hall; thence Westerly by last named land one hundred (100) feet more or less to the point of beginning. But, except rig from the premises described in Parcel 2 any part or parts thereof that was or were heretofore conveyed by deeds duly recorded in said Registry of Deeds. Being the same premises conveyed to the grantors herein by deed of Regina L.Ouellette, dated February 3, 1968, and recorded in the Hampden County Registry of Deeds, Book 3317,Page 340. PARCEL 3. Certain real estate situated in Agawam, Hampden County, Massachusetts, being known and designated as Lot#13(thirteen)as shown on a plan of lots known as "Mountain View`, George Vadnais, Trustee, owner, recorded in Hampden County Registry of Deeds in Book of Plans 33,Page 104,said lot being more particularly bounded and described as follows; Southerly by Mountain View Street, eighty-five and 621100 (85.62) feet; Westerly by Lot#12(twelve)as shown on said plan,one hundred sixty(160) feet; Northerly by land of owner unknown, eighty-five and 621100 (85.62) feet;and Easterly by Lot#14(fourteen)as shown on said plan,one hundred sixty(160)feet. Subject to rights granted the Western Massachusetts Electric Company and the New England Telephone and Telegraph Company under instrument dated.June 5, 1951,recorded as aforesaid in Book 2117, Page 483. Being the same premises conveyed to the grantors herein by deed of,John H. Bohannon, otherwise John Neil Bohannon, Jr., and Eli:abeth M. Bohannon, dated August 31, 1956, and recorded in the Hampden County Registry of Deeds, Book 2493. Page 7. BERNAR13 A. LeDUC and LORRAENE K. LeDUC hereby reserve iife estates for their natural lives in and to the premises described above. NO TITLE EXAMINATION WAS COMPLETED IN CONNECTION WITH THIS CONVEYANCE. -.AGAWAM CLERK'S OFFICE AGA.WAM,MA JAN 21 Ptl 3; 19ZY,4 Tr r•+ as 1 5_ a' }� SO a F e:r 0�/ x o,)rx - { �,... :._.. . _ ..� R'G T.Tt3F L ESL tE w CHARLOTTE M, R �s ' ` �� ' . - Sloes 46 ti MOU N TA I VIEW S TR E - W 74:19 7 -70 HAROLD aCOLUMBIA a p f MAGAOMOU 4� zoo.o , A5 D- 15� 12Lr►d At /! pj�i Vp73 as ?so �f64. t] le f N' 04 /0 7.s0 7,fo ^j E33.so _ d NANCY M 0 IIJ N TA !, ,i\,! . VIEW JuW '1 041 AW h RN HEVE FO 'i:T. _ v I..��.[ '. •! ^ -� �F �//f A G •. 1� . 4 LD E E L0'0w- ,P E t"i offl' E 0 R" G E VA N -A IS, T 6R I..'J' Su'l T E E 0 W N E mip PLAN TAKEN. FROM SURVEY SCALE 1"m GO` MARCH 1951 BY 4ORR 0 E10ftt -,Jt-vL 104t R. E. AL'.GCRv4j, AGA A , MASIS . : Tuesday, January 11, 2011 11:30 AM Chet Kasperek 413-786-7380 a7 r "zf o .,e,.a•�x,. LAND PURCHASE AND SALE AGREEMENT 1. PARTIES. This Agreement is made this 3'0 day of December,2010. hrtween Bernard A.Leduc&Lorraine K.Leduc of 80 Mountainview St►eet,Agawam MA.Laurel Ann Leduc of 43 Colorado tR ra -.r .� Holden MA it.Robyn Lynn Kraus-Riccio of 563 Shoemaker Lane,Agawam MA,hereinafter rued the SELLER, Ond Cennis R. IC i F-w t� A Debra 2.King of 45 Rising Street,Feeding Hills MA hereinafter called the BUYER. 2, DESCRIPTION. SUbjW to the terrriy arjtl conditions hereinafter sus forth. the SELLER agrees to sell and the DUYER Aree5 to b-ow follnwing bounded and described premises: A parcel of land located at "0" Mountainvfew Street (Rear), Agawam Ma, knoww a'-0 Parcels 1 &2 and purehSSed 1n 1908, as morn+ particularly described in a Deed recorded in the Hampden County Registry of Dob4g� d 0,— Book 15619 Page 319, 3. PLANTINGS, TOPSOIL, ETC_ Included in the sate as 08rl of said Drernises aril all trees, shrubs, plants and topsoil located Mm r~e--- a r Tne SELLER agrees not to remove, cui o, ofherwise alter same during lhr,term of this Agreement 4.5EL LER`S REPRESENTATIONS, SELLER represents and warrants,which representations and warranties Shall survive the de liter r-= in of the deed hereunder,that,to rice pest of ine SCI t FR'S krlowieuge, informatior+and belief:there torn no stumps, brush matter or �-t��• � natural matCriol stared on or disposed at 3t the premsseSr there have bemn no releases or disposals of any hazardous Vmstes or Ckii IM €� those terrne are defined in M.G.t_, Chnpter 21 E), nor are there any products that contain man-made chemical substanCea of any M_- i r--a o ctirrrantly in use or previnusly abandoned at the oremises; and there have been no other non-natural materials of oily kind placed i 0­0 E upon the premises by any person at any lime, unless the same have been fully disclosed herein. SELLER has no duty and ha s W19 a undertaken any axarnination of any public records not already in his or her possession, at other documents, and has not mark-, jM::vr- inquiries of any person(s)with regard to SCLI_fR'S representations herein. 5. 11TLE. Said premises bre to be cpnveyed on or before April 16, 201, by a good and sufriici2nt Deed of the SLt_I.FR Which shal I Deed cif equal character and Covenants as held by thr.SELLER.Conveying a good,clear retold and marketable title to the Sartre from >Frw=a all encumbranc®s,oxcr pt: a. Usual public utilities servicinD the prerni5es, if any b. Taxes for the cvf7p.ni year not m is and payable on Inc date of delivery of the Deea: c. Any liens for municipal assessments andlor orders for which assessments may be made after the date of this Agreement; d_Restrictlnna Ind easements of record. If any,which do not materially affect the voluo or intended ure (single family, LAND)of the premises e. Provisions of existing t)uilding and zoning laws. 6,ADDITtONAL DOCUMENTATION AT CLOSING. The SELLER agtiees to execute and delver 6mulfancously with the delivery C3 rt IhF; Deed such ccirtifications as may reasunably be regrtired by the BUYER'S attorney or the.BUYER'S mortgage fender including., without limitation,documents relating to the absence of tenants in the premises, the absence of rnechanic's or materialmen`s liens_ ILt-W ee! payment of municipal liens,the absence of UPFI at the premises and the SELI.r_r{'S complienrn with requiremonte imposed upon resldenti�;l sellers with respect to UFF1 by statute and agpticubte regulations,the underlying financial terms of the purchase and s v 1.e!!r _ the citizenship and residency of the SELLER.and the SFI LER'S taxpayer idcntlfication nurrrber and forwarding address, 7. CONSIDERATION. For suet,Deers and conveyance the BUYER is to pay the suril of.., PRICE SINNNM ofwhich „ ..... ........ ....... .......................... .......... ................... ... ........... .... UEPOSIT $ have bcon paid this day as a deposit and ................ ................................. ....BALANCE DUE $1 are to be paid in cash. or by cenifiea or bank check,or attorney IOLTA account, upon delivery of the Ue©d. B.PERFORMANCE. The Deed is to be deiivpred and the consideration paid at the Registry crf Deeds in which the Deed should tb r;r tp-5, raw recorded on April 15.2011 unless S3oine other place and time should be mutually agreed upon.To enatile the SELLFR to malt 4� conveyance as herein provided,the SELLER may,at the time of delivery of the Deed.use the purchase money or any portion Thom-me .W clear the title of any and all encumbrances or interacts; and all instniments so procured to clear the title shall be recorded simullancously with the delivery of the l sad. 9. CASUALTY LOSS. In case of any damage to the(remises by fife or other casualty after the signing and delivery of this Agre-c-- by ail parties hereto, and unless the premises Shall have been rc imed to its tormer condition by the SCLI ER pdar to the performer r--,* CZ7•c data,the DUYER may, at the BUYER'S ontion. either wricel this Agreement and recover all sums paid hereunder or require as pa Ft 0=w- this Agreement that the SELLER pay ever or assign,on delivery of the Deed,at(sums recovered or recoverable on any and ail insurance covering such ddrnagn. plus an 3movnt equal to any"deductible"under suCn in5vrhnre I $c11P.r`S TniliHls � "layer's luiriais iuesaay, Januaryl1, 1U1l 11.3U AM Chet Kasperek 413-786-7380 p b2 LAND PURCHASE AND SALE AGREEMENT 1,PARTIES, This Agreameni is nude this 3'°day of December,2010, bcnween aemard,o,, Lebuc&Lorraine K.LeDuc of 50 Mountatnvlew Street,Agawam W, taturol Ann Leduo of 43 Colorado Orive, Holden MA&Robyn Lynn Kraus•Riccio of 663 Shoemaker Lane,Agawam MA,hereinafter called the SELLER,and Dennis R,King &Debra Z.King of 45 Rising Street,Feeding Hills MA hereinafter called the BUYER, 2. 01MRIPTION, Subject to the twmu and crinctitiona hereinafter eel forth, the SELLER @gtccs to sell and the 13UYER agrees to buy the foliowiny bounded and described premises- A parcel of land located at "0" Mountainview StMi t (R02r). Agawam Ma, known as Parcels 1 lf, 2 and purchased In 1968, as mom porticumiiy described in a heed recorded io the Hampden bounty Registry of Deeds in Book 16619 Page 319. 3. PLANTINGS, TOPSOIL, ETC. inciudpd in the sale Las owl of said wernises ar€, all trees, shrubs, plants and topsoil located thereon, The SELLER agrees not to remove,cut or utfre;rwise altor same during tier:term of this Agreement. 4,SELLER'S REPRESENTATIONS. SELLER rgpresents and warranti,which represcntottanfi and warranties Shall 3urvnre the delivery of the deed hereunder,that,to me best of ine 50 t efTS knowle0go, informal;on and belief:glare,purrs no etumps, brush matter or other natwal material.stored on of disposed of at the premn sr;s; there have bcnn no releases or disposals of any hazardous wastes or oil(as those terms are defined in M.r�.L Chapter 21 E), nor are there any products that contain man-made chemical substances of any kind, corrantly in use at previnusly abandoned at the oremises; and there have been no other non-natural materials of any kind Placer in or upon the premises by any person at any time, unless the same have been fully disclosed herein. SELLER has na duty and has not undertaken any examination of any public records not already in his or her posee55ion, or other documents, and has not made any inquiries of any person(s)with regard to SELI_FIR'S representations herein. 5, TITLE. Said premises rare to be conveyed on or before April 15, 2011. by a good and sufficient nr..ed of the SLsLt-FR which shall be a Oeed of equal character and oovpnants as held by tar_SELLER, convoying a good,clear record and marketable title to the same free from; all encumbran(:es,axnnpt: a. Usual public utilities;servicing the premises,if any- b.Taxes for the Currant year not due and payable on the date of delivery of the.Deed: c.Any liens for munic�pal assessments andfor orders tor-which assessments may be rsl3de after the date of this Agreement; d_ FteSiriCllnns anti ea5erne.njs or rcoori), if Tiny,wfti& do not rnatehally affzct the vsluo or intended uce (single family. LAND)of tite premises; c_ PfovisionS of existing building and zoning laws. 6.ADDITIONAL DOCUMENTATION AT CLOSING. The SELLER agrees to execute and deliver simultaneously with the delivery of the Dced such cprtifrcalions as may reasonably bo regttired by the BUYER'S attorney or the BUYER'S mortgage lender including, without limitation,documents relating to the absence of tenants In the premises the absence of mechanic's or mater4men's liens, the payment of municipal liens,the absence of UrFi at the premises and the SELI (-R'6 camplionro with requirernOntc impDgod upon residential sellers with respect to UFFI by statute and applicable regulations, the underlying financial terms of Ilse purchase and s:11e, the citizenship and residency of the SELLER, and the SFI LER'S taxpayer identification number and forwarding address. 7. CONSIDERATION. For such Deed and conveyance the BUYER is to pay the surn of— PRICE SfAspN4 110 cf which „ ....................................................... ..,.,...... . ...............- ..... DEPOSIT $ losaft have been paid thisday as a deposit and ..................................................................BALANCE DUE S1wI�R are to ba paid in cash, or by cerrifie(1 or flank check,or attorney IOLTA account,upon doiivery of the Dead- B.PERFORMANCE. The freed is to be deiivprpd and the consideration paid at the Registry of Deeds in which the Deed should be by law recorded an April 15, 2011 unless%ioinc other place and lirre should bs mutuntly agreed upon.To eliRble the SELLFR to make conveyance as herein provided,the SELLER may, at the time of dei+very of the Ocea,use the purchase mnney or any portion thereof to clear the title of any and all encumbrances or interests'. and art instruments so procured to clear the title shall be recorded simultaneously with the delivery of the I'f ed. 9. CASUALTY LOSS, In case of arty dainage to the premises by fire or other casualty after the signing and delivery of this Agreement by ail parties hereto, and unless the,. premises shali`zve glen restored to its tormer condition by the SCt_t ER prior to the perforrnaiim date, the BUYER may,at the BUYER'S option. either Cancel this Agreement and recover all sums paid hereunder or require as pan of this Agreement that the SELLER pay over or assign,on delivery of the Deed, all sums recovered or recovsrabte on any and all instirance covering such damagn.plus an amount aqual to any"deductible"under such insurhnce. I S�cjJler'js�Tnitisils $uynr'S YlliFidls Iuesday, January 11, 2011 11,30 AM Chet Kasperek 413-786-7380 p,03 10.POSSESSION,FuII possession or the premises,free of all tenants and occupants,is to be delivered to the BUYER al the time of the delivery of thr. Dred, the said premises to be.then in the same condition in which they now are.The BUYER shall have the right to - inspect the premises Tor compliance with this paragraph prior to delivery of the Deed upon reasonable not;ca to the Broker. 11. ADJUSTMENTS. Water rates, sewer use and taxes shall be apportioned as of the day of delivery of the Deed. If l0c,amount of said takes is nat known at the time of the delivery of the Deed, they shall to npporlioned on the basis of the taxes assessed for the prprpding year with a reapportionment as soon as the nrw tax rate and vaitiakion cttn br ascertained,which latter provision shall survive the delivery of the Deed. 12.DEPOSITS. All deposits matle nerrundrr shall be held by Valenti Real Lstarc, 7 Cooper Street, Agawarn MA, herein called the broker,and sh8ll be duly accounted for at the time for performance of this Agreement.In the event of a dispute between SELLER and BUYER as to any or all of the provisions of this Agreement or the performance thereof, the Brake(shall retain all deposits hereunder in lho.Droker's escrow account, unle,fs somo other agreement is reached in writing botwrcn the parties,or until the dispute is resolved either by court judgment or by binding settlement between the,pnrties.`rhe Broker shall abide by any court decision concerning to whom the funds shalt be paid and shall not be made a patty to a lawsuit solely as a result of holding escrowed funds, Should the Broker be made a party in violation of this paragraph, the Broker shall be disrnie5?d and the party asserting a claim against the Broker shall pay the Srnkor's reasonable attorneys'fees and corts- 13. DEFAULT. Should thp BUYER default in BUYL:R'S obligations under this Agreement, then the SELLER'S damages Shall be equal to 501.of the pureha&o prir;e as set forth in this agreement,including deposit.And this shall be the Seller's sole romedy, either in law or in equity, for the Buyer's default under this agreement. 14. MORTGAGE CONTINGENCY. Not applicable,cash sale. IS, INSPECTIONS: This Agreement is subjer--t to the right of the BUYER to obtain, at BUYER'S own expense, an inspection of the premises and written report-The BUYER'S right of inspection shall expire on April 1,2411.The BUYER and the BUYER'S consult9nt(a)aholl hove the 6oht of accose to the premleias a1 reasonable times upon twenty-four(24) hours advance notice to the Llsling Broker,for the puiposc of inspecting, as aforesaid, the condition of said premises. If the BUYER is not satisried with the results of such inspection(s),thiS Agreement may be terminated by the BUYER, at the BUYER'S election,without teydi or equitable recourse to wither party, the parties tflereby releasing each other from o(i iiabifity under this Agreement, and the deposit shall be ralumf-:d to the BUYER, provided however, that the BUYER ihall have noticed the Groker,In writing,on or oOforethe inspection expiration date hereirtabove SPecified, of the RUYER'S intention to so teirninate. If such notice is riot received on or before the inspection expiration date herein above specified,the BUYER shall be bound to perform BUYERS obligations under this Agreement BUYr.R ACKNOWLEDGES THAT:(a)INf=ORMAfION WAS SUPPLIkU by THC SELLEH AND HAS NOT BEEN CHECKED FOR ACCURACY AV THE SELLER'S NROKER (b) PUBLIC INFORMATION WAS SUBJECT TO BUYER'S VERIFICATION;(c)EACI I ITEM WAS SUBJECT TO DIRECT INQUIRY BY THE BUYER,ANO THE BUYER HAS BEEN SO ADVI5E0; (d)THE SELLER'S BROKER MAKES NO REPRESENTATIONS REGARDING THE CONDI rlON OF THE PREM13ES, BTRUCTUHF.(g)TI IEREON OR THC MECHANICAI COMPONENTS THEaFOF;AND(e)TI tE 9UYER HAS NOT BEEN INFLUENCED TO ENTER INTO THIS AGREEMENT NOR HAS THE BUYER RELIED UPON ANY WARRANTIES OR REPRNSEN-i ATIONS NOT SET FORTH OR INCORPORATED IN TI its ACPEEMPNT OR PRCVjQLJaLY rvMAOE(N WRITINC., PXCCPT FOR THE FQLLOW)NG ADDfTIONAL WARRANTIES OR REPRESENTATIONS, IF ANY, MADE 13Y EITHER THE SELLER OR THE BRQKER[S]. none 16. CONDITIONS PRECEDENT TO BUYER'S PERFORMANCE In addition to the inspection right as set forth in paragraph 15 above, and notwithstanding any provision of this Agreement to the contrary, the VUYER'S 0Dllgatton to purWeae the prcmineS iy *abject, et the BUYER'S option, to the following conditions' -A-peroo"On tam-e�aa amiss r►d expetare-9f-4L1E SEt tFF4 BUYS-satlsfsst9fy to too Rea&dof Hea* 4khe results of the perca1a4lar w not writirxf e44r-13 4wa_ , ar44W&A aemerd shal!H1 ace r�nd Anded-and-all ablgat,!egs-ta-s��c;Ii at►�-sbal4-cease: A building permit fnr the construction of a single family and/of structure at the sole cost and expense of the BUYER.In the event that the BUYER is unable to obtain a building permit,the BUYER shall nofdy the,other party in writing an or before April 1,2011 and this Agreement sh;Il baco ne null enrl void,and an payments made hereunder shalt be refunded and all obligations to each other shall cease. ' A­,;e,p4&4yster4 plan remises prepaw)d i s4 �-oosl w4 *pause of SEkI€I BUYER-694fastary to tl of Weailh- Ifthe 5ep4e-eyr t:rl)pla--fs oatsatibfacto+oy-te1#e �and of# , I#e— SEI-69A Q YER.b1�4he otk ic- ia�nc,on or hiafage , 200e-aAd-u4is Agr(wmppl shall become riti 7 vgit .2nd,3tF p.#yit esll8 rAa6e4*ta-undef-&Rew4m�-r'.funded-aAd-s! ohlir as-L:4c"►C�II c;ea5e; 4CIICr'Lrinfs F3uy[r'S Otii s 1 V J . .14,11 2 Tuesday, January 11. 2011 11:30 AM Chat Kasperek 413-7r866--7380 p.05 rr '1111t �L, b� 1 A" Page UI I D A • •pp f : t � V ~Lr _ • n Q d3 13 04 a 00. _ 13 �. t y Date.: 14/25/IU Parcel ID: H8 3 l ° 0 1486 797:3 Meters owner: IEDUC BERNARD A Lrr interactive Map Parcel Address: FRANKLIN ST Scale. 1"�1486' (1-.17836) -.tp://hosting.tighehond.tom/agawam/print.aspx?maptypc=5&�nage=http%3a.%2tl/U2fproj... ]0/25/20-10 i uesaay, ,January 11, 2U11 11.3Q AM Chet Kasperek 413-788-7380 p07 mum Page 1 of oil . •i 9��• . � -_ - , � to G titt {! Q H8 3 29 i 0 Z5,, i f 4y�A� a T� lJ a fj 66 'p = VP fa it`l+,��ea#} EJ �.` Date: 10/25J10 Parcel 10: H8 3 29 a 2110 4220 Mclers Owner: LrEDUC MR19ARD ALIT Interactive Map Porcar Aodress: REAR MOVNTAINVIEW S"i Scale. 1"r2110' (1:25.321) i ttp://hot Liiig.tigheband.corn/agawam/print•aspx?maptype=5&image=http%3a%2iv/v2[p.roj... 10/25/201C r uesaay, -rnuary 1 T,-2011 11.,3U XM CTiet KosPerekAjT_786-738D_ P-Ua •a W..I•Va _ nq:ffagawai i•i,patti 0lMpt16eS.c0rtVS1M1Q YUp,?AC.00d NUA1bCr=48t 1 ry 1-" f f Printable Record Card Previous Assessment Condo Info Sales WebPro Zoninq I Comments I Card I of I Location FEAR MOUNTAINVIEW ST I Property Account Number Paccet tD 1­19 3 29 Old Parcel ID o"570 -•• _ Current Property Mailing Address Owner LEQUC BERNAR0 A UT City AGAWAM 4 LEDUC LORRAINE K LIT State; MA Address 6011JOUNTAINVIEW S'r Zip 01001-2917 Zoning AG _ Current Property Sales Information _ Sale Date 11612006 Legal Reference 15619-319 Sale Price 1 Grantor(Soller) LEDUC BERNARD A, Current Property Assessment Card I Value Year 2010 Building Value 0 Xtra Features Value 5,300 Land Area 7.400 acres Land Value 41,1(M Total Value 46.406 Narrative Description his property contains'l-400 acres of land mainly classified as NIA with s(n) NIA style building,built about , aving NIA exterior and MIA roof cover,with © unit(s), 0 total roorn(s), 0 total bedroom(s), 0 total bath(s), 0 oral half bats,(,), 0 total 314 baths?. Legal Description Property Images of l I0/25rz0 10 10,11 AM K,)A� , Dert, A` J I-Id AV4�� VW � TOWN OFAGAWAM 36 MAIN STREET AGAWAM, MA 01001 4 BOARD OF APPEALS E ' January 21, 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 6:30 P.M., Monday, February 28,2011 for the following: Case 4: 1873 Petitioner: Dennis King Address: 40 Mountain View Street Reason: Seeking a Variance from Section 180A I of the Town of Agawam Zoning Ordinances to allow for a single family dwelling on property with less than the required frontage at the premises identified as 40 Mountain View Street. Advertise: February 10, 2011 and February 17, 2011 Doreen Prouty Chairperson ns 7u>rs am DP/jb = 3� Cx w as rn TOWN OF AGA WAM o � 36 MAIN STREET AGA WAM,, MA 01001 DECISION OF BOARD OF APPEALS ATE0 May` Petition of. Dennis Kin -- a" 73> Premises affected: 40 Mountain View Street a Date: FebruM 28 2011 Case 4: 1873man T The Agawam Board of Appeals conducted a public hearing and meeting on February 28�;M11 a the Agawam Public Library Conference Room, 750 Cooper Street, Agawam, MA for all parties An" interested in the appeal of Dennis King, who is seeking a Variance from Section 180-41 of the Town of Agawam's Zoning Ordinances, to allow for the construction of a single family dwelling ;�5--} on property with less than the required frontage at the premises identified as 40 Mountain View Street. After the public hearing and after a thorough review of the facts presented, the Agawam Zoning Board of Appeals made the following findings: I. The subject property is located in an area of Town zoned Agricultural. 2. The subject property is made up of 2 separate lots which together consists of approximately 8.4 acres of undeveloped land with a fifty (50') frontage. 3. Section 180-41 of the Town of Agawam Zoning Ordinances requires a frontage of at least one hundred twenty feet(1201). 4. The petitioner is requesting relief from the frontage requirement to be allowed to build a single family dwelling on the subject property. 5. Parcel 1 contains a small pond and an intermittent stream that runs south to north which bisects the property. There is also a brook which runs east to west near the northerly line of both properties. 6. Parcel 2 of the subject property has four hundred feet(400') along the undeveloped portion of Franklin Street Extension. The topography of this undeveloped portion of Franklin Street Extension would prohibit the future continuation of the street for legal frontage requirements for this property. 7. A memo from Sgt. Richard Niles, Town of Agawam Safety Officer, dated January 25, 2011 was received by this board, stating"this project would appear to create little negative impact to pedestrian, bicycle and/or vehicle traffic safety". 8. This board has found that the subject property is unique in its topography due to significant areas of wetlands. These specific conditions do not generally affect the zoning district in which the subject property lies. The parcel's size and amount of wetlands thereon exceeds its neighboring parcels. 9. This board has found that a literal enforcement of Section l 80-27 of the Town of Agawam's Zoning Ordinances creates a substantial hardship due to extensive wetlands on the subject property. 1 DECISION (p.2) Dennis King Case# 1873 10. This board has found that the granting of this Variance, to allow for the construction of a single family dwelling, will not be substantially detrimental to the public good, nor will it derogate from the intent and purpose of the Zoning Ordinances. The neighborhood surrounding the subject property consists primarily of residential dwellings. Based on its findings, the board is of the opinion that the requested relief is within the authority of the Agawam Zoning Board of Appeals to grant a Variance as stated under MGL, Chapter 40A, Section 10. Therefore, the Agawam Zoning Board of Appeals, by unanimous vote of its three members, hereby grants the petitioner a Variance from Section 180-41 of the Town of Agawam's Zoning Ordinances, to construct a single family dwelling with less than the required frontage with the following conditions: 1. This Variance provides relief to the subject property identified as Parcel 1 and Parcel 2 on a plan entitled"Mountain View,Agawam,MA" stamped by the Hampden County Registry of Deeds on June 1, 1951 and signed by the members of this board on February 28, 2011. 2. This variance provides relief from the frontage requirement of Section 180-41 of the Agawam Zoning Ordinances only. All other zoning requirements must be met. 3. This Variance is granted to allow for the construction of one single family dwelling on the subject property. 4. A single lot must be created from the two separate lots which create the subject property before a building permit can be granted. 5. The petitioner must go before the Agawam Conservation Commission for approval before a building permit can be granted. 6. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Variance" form, which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. 7. This Special Permit shall become null and void if construction does not commence within one (1)year from the date of this decision. This decision is subject to appeal in accordance with M.G.L.Ch. 40A, Section 17 within 20 days after this decision is filed with the Agawam Town Clerk. Attachment: Signatory Page of Decision 2 TOWN OFAGAWAM q , 36 MAIN STREET AGAWAM, MA 01001 •i' •r s 1 DECISION OF BOARD OF APPEALS q� Mpy� Petition of Dennis King Premises affected: 40 Mountain View Street I Date: April 12, 2011 + Case#. 1873 I Due to a clerical error,the following amendment is needed to Case# 1873 decision dated February 28, 2011. 1. Condition# 7 shall state "This Variance shall become null and void if construction does I not commence within one (1)year from the date of this decision. q Cl- Doreen Prouty, C airpers 3 n -v x 3 3N N >o r� n rM f'J L � AAA ved by ro ; A9 W Zoning Board cf Appf � { jE, , J y �...._. ..._.._. . . . . � R'G T. OF WVA � 7�:'� la , s o /? /� N CHARLOTTEGIBBS Mt ' •s,• w� r-as 7 1 j 160.0 ,9.d� ?� 3-o s.© 7&d �� 10 MOUNTAIN VIEW STREET q ��' ►' r .10 7.sa 7sO /r8.�6 t .1 eta HARD r�=zs o " ��; � . ry ji MAGABNOL� zoo.0 IV /46 P r w 2- h '?` ? ,'fig 4i 40 jo �. IV LA !J 38 p p73 7 .4 a T'3:© 7 _D 7.570 o 8610 1 r 7-s,171A I vo n �� t\ tD 1 f01 M N V I 7j-0 NANCY r fil DGET MR kri H t HALL M0tJNTA1FN-.1. . VIEWf44: f7�j7. L. 1 Af�*.NIAWAM , . MAO "' T101 acmJ P E 0 !1 VA rtk m A S T F..1" ! lc7EE OWN E R E V E L 'o* G E PLAN TAKEN FRCm auRvFy SCALES 1"N 80' MARCH 1931 BY CCRR b R. E. ALGCRN , AGAWAM $ MAS.S . 'o wn of Agawam - '1 36 Main Street Agawam, Massachusetts 01001-183.7 �^ Tel. 413-786-0400 Fax 413-786-9927 ro - December 12, 2012 C - James Ricco -o 28 Moylan Lane Agawam, MA 01.001 N C r Dear Mr. Ricco: At its duly called meeting held on December 6, 2012, the Agawam Planning Board voted to approve the Site Plan entitled "Proposed Site Plan, Agawam, Massachusetts, for: James A. Ricco, 28.Moylan Lane, Agawam, MA", prepared by R. Levesque Associates, Inc. and dated 11-07-2012, rev: 12-06-2-12 with the following conditions: ■ six additional parking spaces are to be provided; ■ cut sheets are to be provided on all proposed lighting; ■ dumpster is to be moved and enclosed with a b' fence; ■ there shall be no parking on either side of the access drive; and ■ the building elevation shall be the same as the photo rendering presented at the meeting. Three sets of revised plans shall be submitted to the Board for their approval and signatures. If you have any questions,please contact this office at 786-0400, ext. 8738. Sincerely, Travis P. Ward, Chairman AGAWAM PLANNING BOARD cc: Building Department Eng.' Department R. Levesque Associates Town CleA1C- File 0 r.] - _:dam mo J L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B - Certificate of Compliance 87420 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 Richard A. Sypek only the tab key Name to move your Ross & Ross PC, 121 State Street, Suite 201 cursor-do not use the return Maifing Address key. Springfield MA 01103 Cityfrown State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Forish Construction Co. Name 1-8-98 87-420 Dated DEP File Number 3. The project site is located at: 65 Moylan Lane(Lot 9) Agawam Street Address CityFrown G5 5/2 Assessors Map/Plat Number ParceYLot Number the final Order of Condition was recorded at the Registry of Deeds for: Beko, LLC Property owner(if different) Ham den 10131 292 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.12123/09 WPA Farm 88,Certificate of Compliance•Page 1 of 3 r WLlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. PA Form 8B -- Certificate of Compliance 87-�420 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: 9-27-12 Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See hLtp://www.mass.g_ov/dep/about/region/fiindyour.htm). Signatures: f 4q, .0,A—441, '�'�e. _JV_ — M Av� wpafrm8b.Uoc^rev.12/23M9 WPA Form 88,Co ifitals of Compliance-Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. f WPA Form 8B — Certificate of Compliance 87-420 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by.DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: --------------------------------------------------------------------------•------------------------ A awam Conservation Commission Please be advised that the Certificate of Compliance for the project at: 65 Moylan Lane 87-420 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 wpakm8b.dor,•rev.1Z23109 WPA Form 8B,Certifieale of Compliance-Page 3 of 3 LoIr kc) y-) Lq 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: fosses on the Agawam computer, use only the tab Conservation Commission _ key to move To: Applicant Property Owner(if different from applicant): your cursor-.. . do not use the James Ricco return key. Name Name Ma Moylan Lane Ma� iling Address Mailing Address Agawam MA 01001 City/Town State Zip Code City/Town State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Proposed Site Plan, Agawam, Massachusetts, for: James A. Ricca, 9-20-AP12, revised Title - 10-24:2012 28 Moylan Lane, Agawam, MA , Title Date 2'a Title Dates 2. Date Request Filed: co September 24, 2012 c� 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): Construct a small building for contractor offices and storage. Project Location: Lot 10 Moylan Lane _ Agawam — Street Address Cityrrown 05 511 Assessors Map/Plat Number Parcel/Lot Number wpar0rrn2.doc•rev.IV15M Page 9 of 5 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determinations) 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. bordering vegetated wetland ❑ 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_12115I00 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 (coat.) ❑ B. 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 fled for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c.for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ® 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.tloc•rev.12115M Page 3 of 5 LeiMassachusetts 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 statuatorylregulatory 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 October 12, 2012 Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office(see Appendix A) and property owner(if dill rent from the applicant). uuSignatures: '009 An October 11, 2012 Date wpaformMoc•rev.12/15/00 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) 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 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. ❑ b. 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.1211WO Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ® 2_The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions(if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•rev.12115W Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 -r 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 statuatorylregulatory 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 G. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on October Y, 2012 Date Date This Determination is valid for three years from the date of issuance(except Determinations For Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Appendix A)and the property owner(if different from the applicant). u❑Signatures: i October 2012 ._.._.. Date wpaforn2.Uoc•rev_12115= Page 4 of 5 f 3 Oq Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order 87-0548 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 April 12, 2012 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Optasite Towers LLC_ _ return key. Name of Violator Suite 22C, One Research Drive,Westborough, MA 01581 Address 1. Location of Violation: Mush 's Golf Center LLC Property Owner(if different) 369 Main Street Street Address Agawam 01001 City/Town Zip Code K13 212, 2/6, 219 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Waste debris and rubbish piled in floodplain. Ma as -v - o B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act(M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00). because: ❑ the activity has been/is being conducted without a valid Order of Conditions. ® the activity has been/is being conducted in violation of the Order of Conditions issued to: Optasite Towers LLC 7-24-08 Name Dated 87-0548 25, 26, 29 File Number Condition number(s) vvpaform9a.doc•rev.7114l04 Page 1 of 3 Massachusetts Department of Environmental Protection DEP Fite Number: Bureau of Resource Protection - Wetlands WPA Form 9A — Enforcement Order 87-0548 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by aep B. Findings (cunt.) ❑ 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: Approval from Mass DEP must be gained for any modifications to the landifil cover as described in the attached April 12, 2012 correspondence and Figures fromClough Harbour&Associates LLP. Conservation Commission is to be informed when DEP approval has been granted and will require that the work take place within 30 days of issuance of approval. The Conservation Commission shall also be notifed when the work has been completed so that a final site inspection can be made. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or(b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. wpaform9a.doc-rev.7114104 Page 2 of 3 L1Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands 1 WPA Form 9A — Enforcement Order 87-0548 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: HenryA. Kozloski _ Name 786-0400, ext. 245 Phone Number Hours/Days Available Issued by: Aga tarn _ 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. Signatur Signature of delivery person or certified mail number wpaform9a.doe.rev.711*04 Page 3 of 3 reducing the fill outside of the compound and access drive areas was created. The new grading plan design took advantage of on-site areas where cuts could be provided to balance the fill (See Figures 2A and 2B). Storage Volume for Surface-C was initially calculated for the initial proposed modification grading to confirm if the design worked on a per elevation analysis, The per elevation analysis of the original modification grading revealed additional cutting is required at lower elevations to accommodate the fill placed by the contractor at lower elevations. To accomplish this, an existing on-site low point at elevation 48' was re-graded and expanded to produce additional low elevation cut volumes. The re-grading in this area provided the additional flood storage volume required at lower elevations and achieved the required flood storage volume at all elevations. All other grading proposed in the original modification design remained. The volume table under Appendix A summarizes the volume analysis. Comparing the Surface-13 storage volume to the Surface-A storage volume reveals significant fill was placed by the contractor at all elevations. Significant cutting is being proposed to eliminate the negative impact the excessive fill has on the flood zone and to return the site to a condition that exceeds the storage volume provided in the original design plans. The original design had a flood storage volume of 41,284 CY and the proposed modification design will have a flood storage volume of 42,525 CY, which is a 3% increase in storage volume. The additional flood storage volume is being proposed to accommodate potential errors by the contractor during construction. Any errors in the final topography that result in slightly higher grades than originally proposed will be absorbed by the additional proposed flood storage volume. The proposed modification design will result in a site the meets or exceeds the original flood storage volume. Figures 2A and 2B show the proposed modifications to the constructed facility in reference to Surface-A and Surface-B.Figures 3A and 313 show the Surface-C final topography of the site once the proposed modifications have been completed. If you have any questions or comments relating to this matter please do not hesitate to contact our office. Very truly yours, CLOUGH HARBOUR&ASSOCIATES LLP Paul Lusitani Project Engineer IA153631SitesA041 AgawamWolume AnalysislRepor6AGAWAM FLOOD LETTER 04-10-12.doc APPENDIX A VOLUME CALCULATION AND COMPARISON TABLE Flood Storage Volume f Cut and Fill Analysis Difference Between Surface-B and Difference Between Surface-C and Surface-A Surface-B Surface-C Surface-A Storage Volume Surface-A Storage Volume Elevation (Original Design Surface) (As-Built Surface) (Proposed Surface) (CY) (CY) Storage Volume Storage Volume Storage Volume Cut Fill Cut Fill (CY) (CY) (CY) (Storage Volume (Storage Volume (Storage Volume (Storage Volume increase) Decrease) Increase) Decrease) 48 to 49(+3') 301.21 231.05 617.63 0.00 70.16 316.42 0.00 48 to 50(+4') 844.36 611.82 1255.71 0.00 232.54 411.35 0.00 48 to 51(+51 2301.83 1665.72 2381.18 0.00 636.11 79.35 0.00 48 to 52(+6') 4277.86 3527.03 4282.43 0.00 750.83 4.57 0.00 48 to 53(+7') 6979.57 6171.66 7262.33 0.00 808.01 282.66 0.00 48 to 54(+B') 10298.92 9480.37 10893.50 0.00 818.55 594.58 0.00 48 to 55(+9') 14169.33 13339.77 14899.15 0.00 829.56 729.82 0.00 49to 56(+19) 19547.01 17687.59 19476.51 0.00 859.42 929.50 0.00 48 to 57(+11') 23377.53 22561.21 24439.37 0.00 816.32 1061.84 0.00 48 to 58(+12') 28594.83 27870.65 29738.72 0.00 724.18 1143.89 0.00 48 to 59(+13') 34190.99 33504.27 35360.66 0.00 686.72 1169.67 0.00 48 to 60(+14') 40058.49 39401.29 41297.93 0.00 657.20 1239.44 0.00 48 to 60.2(+14.2') 41284.03 40629.97 42525.88 0.00 654.06 1241.85 0.00 Elevation 48 is the lowest elevation within the area of concern. The flood elevation is 60.2' FIGURES FIGURES IA AND IB-SURFACE-A AND SURFACE-B FIGURES 2A AND 2B-PROPOSED MODIFICATIONS,SURFACE-C FIGURES 3A AND 3B-FINAL CONTOURS SBA RATdI,iL 33w9]-2]9) \\\1 11 11 1 \ h%Is4e;3 s e-sxe ` 0 f80 1i14111jj�1�1 � � i 9 —57 \ 111 ram_ l ttl� t coNrMtn N ms N PROPRIEEARr 9r RATURL W USE OR GSCLOSURE OR,ER THAN U,AT M CH AVATES T9 THE CUEM K SMULY PROHBRE6, Z� AeerRo.w:crw: 9R+w+el iou �0.� 1 u+eaxoer PAS ' REVISIONS ', i w"Tv m 7—cxu m we ns „ wrAn,wcuc coRns AS—BU/L r AGY155 OM - eo. wrz ogr�r9ax 1 1 5_ GRADING LELfMD S&WACE--A CCW rra ffl LM7E 1 (EXfSTWG/YIM—L DES V N) i SURFACE-9 C*VrOOR LINE 1 H,aECTw, % (AS—But 15363— �a1-43000 I iimHUAE: AGAWAM MUSITY'S AREA OF CUT @EINEEN SURFACE A 1 AND SURFACE @ 1 MA1 5/G ADOf AREA Dr FXL BE7WFN SURFACE A I 369 MNN STREET ANO SURFACE 8 I AmGA wpM,Mn oYwr 1 RAW LAND a 0 50' 100' 1 SURFACE-A AND SURFACE-8 l" = 5fl' 1 1A A • �$g K S Asa t = $ $a ys g q' ?^fS ut Ix d }� � 11 I-OF .101, 1 rJ � •� ��_ - � I J/ 1 I / 1 ! / 1 1 1 o 1 I r 1 1`1 � \ o / •1 1 1 \ \ � l �� R \ \ \ tn! 1-11 �Q 'rr I 1 � I I frCyi UMe I��I�lrY ��l�irr �Il�itirr wig i uY Ind L�I� �I�L�i�i>•I�i � �I�i�i �Ili�ir�i� � � AAL�4 "7 AL Ypv a= 8 o d nzuj w� = g O N � � Q O 1 � I � e \ \ 1 A\ ti i 1 qQ JJ11 7 I OVA7af LVT s � � e � e 0 0 U Or VD F� Ln �ww 9 ` pia cb o vv 'I 1 A/A�'LINE --r--i .i...,.,.,...i....r, 3N17/d71 YIY TOWN OF AGAWAM CONSERVATION COMMISSION 36 MAIN STREET AGAWAM, MA 01001 - 786-0400, EXT. 8245 July 27, 2012 Optasite Towers LLC One Research Drive, Suite 22C Westborough, MA 01581 To Whom It May Concern: RE: Enforcement Order dated April 12, 2012—369 Main Street At its duly called meeting held on July 26, 2012,the Agawam Conservation Commission voted to approve an extension to September 30, 2012 to allow for the modifications to the landfill cover required in the Enforcement Order. If you have any questions,please contact this office at 413-786-0400, extension 8245. Sincerely, cm Henry A. Kozlo ki, Chairman c `: AGAWAM CONSERVATION COMMISSION . o - HAK:prk i 3- Cc: Mushy's Golf Center LLC n? w VHB, Inc. N rn SBA-Communications Corp. _ DEP Town Clete Pile us � Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form l -- Extension Permit for Orders of Conditions 87-0548 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out 1- Applicant: forms on the SBA Towers I I LLC computer, use Name T only the tab key to move 5900 Broken Sound Parkway NW your cursor- Mailing Address do not use the Boca Raton, FL 33487 return key. City! own State zip Code ur- I, I I 2. Property Owner(if different): Mushy's Golf Center LLC Name ... -... .. _ 369 Main Street Mailing Address Agawam MA 01001 City/Town State Zip Code B. Authorization T �� The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: 7-24•-08 _ Agawam _ Date Issued by: Conservation Commission 369 Main Street K13 2/2, 2/6, 2/9 for work at: Street Address Assessor's Map/Plat Number Parcel/Lot!Number recorded at the Registry of Deeds for: Hampden 17410 384 County Book Page Certificate(if registered land) is hereby extended until: 7—2 4--12 Date Date the Order was last extended(if applicable) This date can be no more than 3 years from the expiration date of the Order of Conditio!M or th�test extension. Only unexpired Orders of Conditions or Extension may be extended, ME D n3 This Extension Permit must be signed by a majority of the Conservation Commission araLa c""ent to the applicant and the appropriate DEP Regional Office (httPJ1www.mass.govldeplabout/rgMon/ Four.htm) 7-1 11 :r Signs#ures:, n J —n wpafarm7,doc•rev.3111241 D Page 1 of 2 \ Massachusetts Department of Environmental Protection 1�- DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 87-0548 i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission_ Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order (or in this case, the Extension Permit for the Order of Conditions) in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, it shall be noted in the Registry's Granter Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done_ Detach this page and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: Agawam Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: 369 Main Street 87-0548 Project Location DEP File Number has been recorded at the Registry of Deeds of: Hampden _ County for: Property owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Eook Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform7 doC-r94.311=10 Page 2 of 2 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Agawam t' comptuter, Se Conservation Commissiononly %v key to move To: Applicant Property Owner(if different fromppli� your cursor- • . do not use the Rive rm oor-Citize n s Agawam LLC Mushy's Goff Center LLC _ ri return key. Name Name - c/o Citizens Energy Corp. 88 Black Falcon Ave 369 Main Street '� Mailing Address Mailing Address Boston MA 02110_ Agawam Mfg X1001 City/Town State Zip Code City/Town State Rip Code-- m 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Permitting Plans-Agawam Landfill So_lar PV Layout _October 2011 Title Date Figure 1-Site Locus October 201 ti Title Date Figure 2-Orthoph_oto Site Map __ October 2011 Title Date 2. Date Request Filed: October 17, 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): Proposed solar hotovoitaic eneTgLq eratian facility. Project Location: 369 Main Street Agawam Street Address City/Town K13 2-6, 2-9 and 2-10 Assessors MaplPlat Number ParcelYLot Number wpafcrm2,doc•rev.1211WO Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the Issuing authority (i.e., Conservation Comm ssion 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.12115/00 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.GL c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will rot alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions(if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•rey.12195(M Page 3 at 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 statuatorylregulatory provisions) ❑ 6. The area andlor 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 F] by certified mail, return receipt requested on _ October 28, 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 the property owner(if different from the applican -Signature October 27, 2011 Date wparerm2.doc•rev_12lIWO Page 4 of 5 -S Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File#:087-0584 WPA Form 5-Order of Conditions eDEP Transaction#:43191 I Massachusetts Wetlands Protection Act M_G.L. c. 131,§40 GitylTown:AGAWAM Ll A. General Information 1.Conservation Commission AGAWAM 2. Issuance a. r1-0 00C b.r- Amended OOC 3.Applicant Details _ r' a.First Name BEN b.Last Name AXELMAN c.Organization RIVERMOOR-CITIZENS AGAWAM,LLC p - =' d.Mailing Address CIO CITIZENS ENERGY CORPS,88 BLACK FALCON AVE.,CENTER LOBBY,SUITE 342 'tip r e.Cityfrown BOSTON f.State MA g.Zip Code 02210 — * — t-n -, 4. Property Owner 4s a.First Name STEVEN b.Last Name ZICOLELLA -i c.Organization MUSITY`S GOLF COURSE,LLC O ' d.Mailing Address 369 MAIN STREET e.Cityfrown AGAWAM f.State MA g.Zip Code ep01 rn 5.Project Location a.Strcet Address 369 MAIN STREET b.CitylTown AGAWAM c.Zip Code 01001 d.Assessors Map/Plat##K13 e.Parcel/Lot# 2-6,2-9,2-10 f,Latitude 42,08225N g.Longitude 72.61378W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d. Page HAMPDEN 15903 197 7.Dates a.Date NOI Filed: 11/7/2011 b.Date Public Hearing Closed: 11/10/2011 c.Date Of Issuance: 1 111 1/20 1 1 8.Fina1 Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: AGAWAM LANDFILL SOLAR TIGHE&BOND BRIAN S.HUNTLEY,PE October 2011 PV LAYOUT (SHEETS I AND 2) B. Findings Page 1 of 10 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File#:087-0584 WPA Form 5 - Order of Conditions eDEP Transaction#.431911 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/I'own:AGAWAM ' 1 I.Findings pursuant to the Massachusetts Wetlands Protection Act .Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. I— Public Water Supply b. r Land Containing Shellfish c.ry Prevention of Pollution d. I— Private Water Supply e_ r- Fisheries f. f— Piotection of Wildlife Habitat g. r' Ground Water Supply h. 1✓ Storm Damage Prevention i 1— Flood Control 2.Commission hereby finds the project as proposed,is: Approved subject to: a.r'The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control. Denied because: b.I`"The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore, worm on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect interests of the Act,and a final Order of Conditions is issued.A description of the performance standards which the proposed work cannot meet is attached to this Order. c. r- information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3.P Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 0 area specified in 3 t0CMR10.02(1)(a). a.linear feet Inland Resource Area Im pacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. r-Bank a.linear feet b.linear feet c.linear feet d.linear feet 5.r Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. r Land under Waterbodies and Waterways a.square feet b.square feet C.square feet d.square feet e.c/y dredged f.c/y dredged Page 2 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection- Wetlands MassDEP File#:087-0584 WPA Form 5 -Order of Conditions eDEP Transaction#:43191 t Massachusetts Wetlands Protection Act M.G.L. c. I31,§40 City(rowmAGAWAM 7.F-Bordering Land Subject to Flooding a square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e,cubic feet f.cubic feet g.cubic feet h.cubic feet 8.r Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9.r Rivcrfront Area a.total sq.feet b_total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Irnpacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10.r-Designated Port Areas Indicate size under Land Linder the Ocean,below 1 i,r Land Under the Ocean a.square feet b.square feet c.c/y dredged dd c/y dredged 12.I-Harrier Beaches Indicate size under Coastal Beaches andlor Coastal Dunes below 13.1-Coastal Beaches a.square feet h.square feet c.c/y nourishment d.dy nourishment 14.I-Coastal Dunes a square feet b,square feet c.c/y nourishment d.c/y nourishment 15.r'Coastal Banks a_linear feet b.linear feet 16.I-Rocky Intertidal Shores a.square feet b.square feet 17.r Salt Marshes a square feet b.square feet c.square feet d.square feet 18.r Land Under Salt Ponds a.square feet b.square feet c.c/y dredged d.cly dredged 19.I`Land Containing Shellfish Page 3 of 10 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:087-0584 WPA Form 5 - Order of Conditions eDEP Transaction 4:431911 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/TowmAGAWAM a,square feet b.square feet c.square feet d,square feet Indicate size under Coastal Banks,inland Bank,Land Under the 20,r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways, above c.c/y dredged d.c/y dredged 21,r Land Subject to Coastal Storm Flowage a,square feet h,square feet 22. r Restoration/Enhancement(For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here, a square feet of BVW b.square feet of Salt Marsh 23. r Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. a.number of new stream crossings b,number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges,it does not authorize any injury to private property or invasion of private rights_ 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state,or local statutes,ordinances.bylaws,or regulations. 4, The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a.the work is a maintenance dredging project as provided for in the Act;or b.the time for completion has been extended to a specified date more than three years,but less than five years,from the date of issuance.If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of any of the foregoing: 8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken, until all proceedings before the Department have been completed. Page 4 of 10 w ELECTRONIC COPY F— Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection- Wetlands MassDEP File#:087-0584 1. WPA Form 5- Order of Conditions eDEP Transaction#:431911 ` Massachusetts Wetlands Protection Act M.G,L. c. I31, §40 City/Iown:AGAWAM i }4 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done.In the case of the registered land,the Final Order shall also be noted an the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds, prior to the commencement of work, 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, Massachusetts Department of Unvironmen W Protection" for UassDEP"] File Number:"087-0584" If. Where the Department ofEnvironmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a party to 0 agency proceedings and hearings before Mass DEP. 12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission, 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15, The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work,and if the project involves work adjacent to a Bordering vegetated Wetland,the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission_ 18, All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabil ized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her designee shall inspeetthe erosion controls on a daily basis and shall remove accumulated sediments as needed,The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additiortal erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19, The work associated with this Order(the"Project")is(1) r is not(2)f subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards,then the project is subject to the following conditions; a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard S.Construction period erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain in place until the site is fully stabilized. b) No stonnwater runoff may be discharged to the post-construction stonnwater BMPs unless and until a Registered Professional Engineer provides a Certification that:i.al I construction period BMPs have been removed or will be removed by a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final constuction Page 5 of 10 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection- Wetlands MassDEP File#:087-0584 WFA Farm 5-Order of Conditions eDEP Transaction 4:431911 City/I'own:AGAWAM L Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii, any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater Standard 10,iv.all past-construction stormwater BMPs are installed in accordance with the plans(including all planting plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in proper working condition;v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement")for the Stormwater BMN identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii_)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Past-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(o through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMW shall be a violation of the Order of Conditions or Certificate of Compliance.In the rase of stormwater BMPs that are serving more than one lot,the legally binding agreement shall also identify the tots that will be serviced by the stormwater BMPs.A plan and easement deed that giants the responsible party access to perform the required operation and maintermnee must be submitted along with the legally binding agreement t) The responsible party shall operate and maintain all stormwater 13MPs in accordance with the design plans,the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs, maintenance and/or replacement of the stormwater management system or any part thcreot and disposal(for disposal the log shall indicate the type of material and the disposal location); 2.Make the maintenance log available to MmDEP and the Conservation Commission("Commission")upon request;and 3,Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plant approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal,state,and local laws and regulations, 17 Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater HandbooL Volume 3,Chapter 1,Low Impact Deve4opment Site Design Ctedhs)shall not be altered without the prior writtert approval of the issuing authority. t) Access for maintenance,repair,and/or replacement of 43MPs shall not be withheld.Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Page 6 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: ' Bureau of Resource Protection- Wetlands MassDEP File#:087-0584 WPA Form S-Order of Conditions eDEP Transaction 4:431911 �Syy Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Ciry/Town:AGAWAM Special Conditions: srr ATrACHED DOCUMENT Page 7 of 10 * ELECTRONTC COPY TOWN OF AGAWAM,MASSACHUSETTS CONSERVATION COMMISSION ORDER OF CONDITIONS 87-0584 - Main Street- Rivermoor-Citizens Agawam LLC 20, This Order supersedes all previous Orders of Conditions issued for this work. 21. The Order of Conditions applies only to the work permitted by this Order. Any other work to be done within the area of statutory interests of Wetlands Protection shall require the filing of a new Notice of Intent or Request for Determination. 22. During the construction phase, the applicant shall be responsible for maintaining a copy of these Orders at the site. The applicant shall be responsible for compliance with the conditions of these Orders. 23. Prior to the start of construction, adequate erosion and sedimentation control measures shall be implemented, and shall be maintained throughout the entire construction phase and until the site has become stabilized with permanent vegetative cover. 24. The Commission shall be notified at least seventy-two hours prior to the start of construction and after erosion control measures are in place to enable the Commission to ensure compliance with these Orders. 25. The project engineer/designer shall be held responsible and accountable for the true and accurate implementation and construction of his/her design or plan. Should any accidental deviation from the approved plan occur, the engineer/designer shall notify the Commission immediately to determine if a new Notice of Intent is required. If any changes to the approved plan are anticipated,the engineer/designer shall likewise notify the Commission to determine if a new Notice of Intent is required. In any case the Commission may deny any deviation, accidental or intended, from the approved plan. 26. The erosion and sedimentation barrier shall serve as the alteration limit line. Said barrier shall fully protect the adjacent wetland/resource area,and no work shall be permitted beyond this limit line. No machinery shall be operated beyond this limit line. 27. There shall be no discharge or spillage of oil, fuel, any petroleum product or any other pollutant into any area of statutory interest. 28. At no time shall any construction materials, soils, fills, sediments, dredging or any other substances be stockpiled or stored in any area of statutory interest. 29. The construction site shall be left in a stable condition at the close of each day. Erosion and sedimentation controls shall be continuously monitored to ensure proper operation. 23. If any alteration of the wetland/resource area does occur, the Commission shall impose such measures as it finds necessary to protect and restore the areas of statutory interest. 24. Whether from on-site or off-site, any fill used in connection with this project shall be clean fill as described here: The fill material shall be clean coarse washed sand or other clean granular material essentially free of clay, fines, dust, organic matter, large stones, masonry, stumps, frozen clumps of earth,wood tree branches and waste material. Before the fill is put in place,all trees, brush and stumps shall be removed from the area to be filled. Topsoil,peat and other impervious materials shall be removed from all areas to be filled prior to the placement of the fill material. 25. No creosote shall be used in any areas of statutory interests. An Environmental Impact Statement of any alternative preservative shall be submitted to the Commission prior to the start of construction phase. 26. All disturbed areas of statutory interest shall be stabilized with permanent vegetative cover. After proper grading, the area shall be loamed with good quality loam and seeded.. A mulch of hay or straw shall be placed on newly seeded areas and all slopes capable of eroding into the areas of statutory interest. 27. Riprap specifications as per plan. 28. An as-built plan of the project shall be submitted to the Commission prior to the issuance of the Certificate of Compliance. 29. This parcel shall carry the following restrictions, and a covenant so noted on each deed: "This lot contains certain areas or abuts areas protected by Chapter 131, Section 40 of the General Laws of Massachusetts known as the Wetlands Protection Act and comes under the jurisdiction of the Agawam Conservation Commission. No cutting of trees, clearing of brush, digging, filling in, with soil or debris, or the building of bridges is permitted within one hundred(100)feet of the designated wetland areas or within 200' of any designated river without specific approval granted by the Conservation Commission." 30. The Commission reserves the right to impose additional conditions on any or all portions of this work to minimize the impact of potential site erosion or noticeable degradation of water quality discharging from the site at any time. 31. Commencing with the issuance of these Orders and continuing through the end of the construction phase of this project,the applicant or his successors and assignee shall submit to the Commission a written monthly progress report detailing the work that has been done of statutory interest. 32. Members and Agents of the Agawam Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the construction site to evaluate compliance with the order and to require the submittal of any additional information deemed necessary. 33. This order shall apply to all successor or assignee in interest or control of the subject property. Any conveyance of interest or control in the subject property shall make reference to this order by stating that the conveyance is subject to the provisions of an Order of Conditions under the Wetlands Protection Act, M.G.L. Chapter 131, Section 40, and by giving the book and page reference in the Hampden County Registry of Deeds where this order is recorded. 34. The petitioner shall have recorded in the Hampden County Registry of Deeds an "Order of Conditions Form" provided by this Commission. The Commission will not allow work to begin until proof of recording is provided the Conservation Commission. 35, The site shall be monitored for any runoff. 36. Applicant shall submit a planting plan for the buffer zone after the initial cutting has bee done. This plan is to be approved by the Conservation Commission based on a site inspection. I - Massaehasetts Department of Environmental Protection Provided by M=DEP: Bureau of Resource Protection-Wetlands MassDEP File i#:087-0584 WPA Form 5 - Order of Conditions eDEPTransaction##:431911 Massachusetts Wetlands Protection Act M.G.L.c. 13I, §40 Cit)Rown AGAWAM L111111� D. Findings Under Municipal Wetlands Bylaw or Ordinance I- is a municipal wetlands bylaw or ordinance applicable?r Yes r No 2• TI��C_nservation Commission hereby(Qlleck_one that=lies a. r DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1.Municipal Ordinance or Bylaw 2.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to comply with a mmicipat ordinance or bylaw: b. r APPROVES the proposed work,subject to the following additional conditions. 1.Municipal Ordinance or Bylaw — - 2.Citation 3. The Commission orders that all work shall be performed in accordance with the following conditions and with She Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent,the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows: Page 8 of 10 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDER Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Cityfrown E. Signatures This Order is valid for three years,unless otherwise specified as a special condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuance Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers The Order must be mailed by certified snail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing electronic ly,and the property a er, if different from applicant. Signatures: 0010r, a�A - ^ OY 114 ❑ by hand delivery on by certified mail, return receipt requested, on Date Date F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wet4ands Protection Act(M_G.t_. c. 131, §40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. wpaform5.doc• rev.1D23M Page 14 of 12 r Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File#:0 7-0584 WPA Form S -Order of Conditions eDEP Transaction#:431911 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 CitylI'own:AGA WAM G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on this page shall be submitted to the Conservation Commission listed below. AGAWAM Conservation Commission Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission. .......................................................................................................................................................................................................... To: AGAWAM Conservation Commission Please be advised that the Order of Conditions for the Project at: 369 MAIN STREET 087-0584 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page far: Property Owner STEVEN ZICOLELLA and has been noted in the chain of title of the aRected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land,the instrument number identifying this transaction is: Instrument Number If registered land.the document number identifying this transaction is: Document Number Signature of Applicant an 411no10 Page 10 of 10'"ELECTRONIC COPY Mush 's Golf Center, LLC . Y 365 Main Street • Agawam, MA 01001 413-221-0266 March 13 201S Town of Agawam 36 Main Street Agawam, MA 01001 Attention:Town Clerk RE: Plan Review/Approval for SBA Towers II, LLC To whom it may concern: Please find enclosed five copies of an appeal application with supporting documentation(letter from town and layout of parcel) regarding the above referenced matter. once the appeal date is set, I would like the Town to send me a copy of the abutters list. Thank you, Steven colella Manager Mushy's Golf Center, LLC 365 Main Street Agawam, MA 01001 M-14 investment property and real estate - Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 February 17,2015 �«lo SBA Towers H,LLC ••� 33 Boston Post Road Marlborough,MA 01752 -� RE: Revised Approval Letter To Whom It May Concern: At its duly called meeting held on February 5, 2015,the Agawam Planning Board voted to ajove the Site Plan entitled"SBA Agawam Monopole-T-Mobile-Wireless Telecommunication Facility, 369 Main Street, Agawam,MA;prepared by Pro Terra Design Group,LLC"and dated 12/30/2014 ,revised 2/4/15. This vote was conditional upon all professional-staff comments (attached) being addressed. If you have any questions,please contact this office at 786-0400,extension 8738. Sincerely, Mark R. Paleologopoulos, Chairman AGAWAM PLANNING BOARD MRPfDSD:prk ...,._......._._..........................................,,,,........... ........... TOWN OF A GA WAM ! FOR OFFICE USE ONLY 36 MAIN STREET Case#: AGAWAM, MA 01001 Piled: BOARD OFAPPEALS Hearing: U�� ; Expires: .........................................,._.._.._..,._...._._........._.........—.._..__..._. Application to Board of Appeals for a hearing on an appeal from a decision of Planning Board as allowed under Section 2-8,Paragraph C "Adopted Charter and MGL,Ch. 40A,Section 8. (Agawam Zoning Ord. 1 B 0-13 and MGL, Ch. 4 0A, s. 13) Applicant Mushy's Golf Center, LLC; Steven Zicolella-Manager Address 369 Main Street Premises affected are situated on Main Street; feet distant from the erroneously referred to corner of Street and known as street number 355 . Property is zoned as as First 200' off Main is Bps . B, the balance is Indus. A. 369 on site plan application and approval) Reasou(s)for request I. The proper address is 365 Main, rather than the 369 Main Street address used on the application and site plan approval . (2) 365 Main is approximately 20 acres, the cell tower site oonsists of a leased parcel approx. 751x75 ' or 5625 sq. ft . There are multiple tenants on the site including a solar farm and paint ball facility. The condition set forth on the approval is written to impact the entire site. Thus, it affects the rights of the other tenants that park and store equipment and vehicles on the sz a in connection with their operations . M uncie—r—f—ecTe—ral law, the proposed upgrades to the existing cell tower are only subject to administrative review and not discretionary review. qq Mus y' s GolfCenter, LLC JJ � Signature of owner or his authorized agent: Steven icolella, Manager Telephone i - � b J40(1:1 NOTICE: THIS APPLICATIONMUST BE FILLED OUT ININK OR TYPEWRITTEN .y Not �., !1 �JI Aa e , y � 1 _ g , Ilk �fti 4il� — eQ � s e Ilk 3� • " r'