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N Zp,A I '�l`l i colQ 4er+raC-Q, /� r e c & _V, LA L1Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands 1 WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the Agawam May 2, 2012 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Yuri and Eva Grechka return key. Name of Violator 77 Nicole Terrace Q Address 1. Location of Violation: same Property Owner(if different) 77 Nicole Terrace Street Address Feeding Hills 01030 Cityrrown Zip Code C9 8/11 Assessors Map/Plat Number ParceVLot Number 2. Extent and Type of Activity(if more space is required, please attach a separate sheet).- Cutting of trees within buffer zone. ro Z - r N .. KD B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act(M.G.L. c. 131, §40) and its Regulations (310 CMR 10.00), because: ® the activity has been/is being conducted without a valid Order of Conditions. ❑ the activity has beenlis being conducted in violation of the Order of Conditions issued to: Name Dated File Number Condition number(s) wpaformga,doc•rev.7114JO4 Page 1 of 3 Massachusetts Department of Environmental Protection DEPFile Number: Bureau of Resource Protection - Wetlands WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cant.) ❑ Other(specify): C. Order The issuing authority hereby orders the following (check all that apply): ® The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ❑ Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action to prevent further violations of the Act: A Restoration Plan including wetland plantings and tree plantings is to be submitted within twenty-one (21) days of receipt of Enforcement Order. Property owner is to attend the May 10, 2012 Conservation Commission meeting (6:30 PM, Agawam Public Library, 750 Cooper Street)to discuss this matter. 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. wpeform9a.doc•rev.7/14104 Page 2 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act UG.L. c. 131, §40 Provided by DEP D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Henry A_ Kozloski Name 786-0400, ext. 245 Phone Number Hours/Days Available Issued by: Agawam Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures: .� J Signature of delivery person or certified mail number wpaform9e.doc•rev.7114104 Page 3 of 3 TOWN OF AGAWAM CONSERVATION COMMISSION 36 MAIN STREET AGAWAM, MA 01001 786-0400, EXT. 8245 October 5, 2012 0 C-- Yuri&Eva Grechka 77 Nicole Terrace SP Feeding Hills,MA 01030 cA> Dear Mr. and Mrs. Grechka: At its duly called meeting held on September 27, 2012,the Agawam Conservation Commission voted to lift the Enforcement Order issued to you and dated May 2, 2012. The Commission would like to thank you for your cooperation on this matter. If you have any questions,please contact this office at 786-0400, ext. 8245. Sincerely, Henry A. Kozloski, Chairperson AGAWAM CONSERVATION COMMISSION HAK:prk Cc: DEP Town.Clerk File /0 y ffo/ h SAIA LA RZ., LLC D77:�,State Street Springfield, Massachusetts 01103 Attorneys: 'Telephone: (413)736-3611 Frank R Saia,J.O. 1-800-LAWSAIA Terry M. Ford, Esq. Faw (413)7364531 E-mail: SaiaLawFum@hotmail.com March 24, 2010 Town of Agawam Board of Appeals 36 Main Street Agawam, MA 01001 c �n RE: Alan& Suzanne Griffin vs. the Town of Agawam Land Court Action No.: 07 MISC. 346018 (JCC) To Whom It May Concern: 3 Enclosed please find Mr. &Mrs. Griffin's: N 1) Amended Application as Ordered to the Town of Agawam Board of Appeals 2) Boston Land Court's Order of Remand to Defendant Agawam Board of Appeals 3) List of Exhibits 4) Exhibits as listed on Exhibit List Thank You. Sincerely; SAIA LAW FIRM, LLC Frank R. Saia, J.D. : Attorney for Alan & Suzanne Griffin FRS/cm Enclosures CC: Agawam City Solicitor Vince Dassa Clerk Boston Land Court Department �i Full Service Law Firm Since 1979 TOWN OF AGAWAMoR OFFICE use ONLY 36 MAIN STREET = Case #: AGAWAM, MA 01001 1=iled: . BOARD OFAPPEALS Hearing: r Expires: w...................._......................................_ ............._..................................... Application to Board of Appeals for a hearing on an appeal from a decision of 2007 as allowed under Section 2-8, Paragraph C "Adopted Charter and MGL, Ch. 40A, Section 8. 'Applicant Alan and Suzanne Griffin Address 104 North Street Agawam, MA 01001 Premises affected are situated on 104 North Street Street; 5,280 feet distant _ from the corner of Wisteria pane wand known as street number. 68 Property is zoned as Residential. A-2 and Agricultural Reason(s) for request Enclosed please find a copy of the Land Court Department of Reston's March 5, 2010 REMANDED Order with the required Exhibits as Ordered. The purpose of this Application is to Amend our original application and comply with the Boston Land Court of Appeals Order that we AMEND our Application and Resubmit it to the Agawam Board of Appeals. Our intended use of the agricultural portion of our property will be to house our. goats so that we may care for and milk the goats. The goats are used for the milk that they produce to relieve the symptoms and effects of Suzanne's Colitis. �C � t+ . fl (Continued See Attached) Signature of owner or his authorized agent: lm; a ,IlY Telephone NOTICE: THIS APPLICATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN The number of goats that will be kept will be three 3 or the maximum of ten 10 oats whichever is greater, as permitted by the agricultural zone for the half(1/2)acre plot. The building size(8' X 64 squ are ogre feet. The 8') _ ggricultutal zone= 100' X 230'. Each side yard set back= 30' and the rear • „_ yard set back= 30'. (Exhibit A) The breeds of the goats are Alpine and Saaneen(ENWbit_CThe enders will all dmanil be female with one male 1 to be used for breeding so that the females will continue to produce milk. The new goats (kids)will be sold at a price of$500_.00 to $600.00 a iece so that there will be the same consistent number of goats on the premises. The expected daily milk,yield will be one (1) to two(2) gallons per day per goat.The expected weekly milk yield will be fourteen 14 allons er week per goat. The annual milk yield will be seven hundred and byen - eight(728) gallons uer goat. (Exhibit F)Three of our goats at this time are certified and vaccinated. (Exhibits C&D)The remaining goats are also vaccinated(Exhibit D) but are not certified. We will be certifying the remaining goats but you must wait until the goats are 6 to 7 weeks old for certification. We intend to consume all milk produced by the goats and do not intend to distribute My portion commercially. The locations of the shelters are on the agricultural portion of land which is 100' X 230'. The shelter that is used to house the goats is measured at 8"X 8". The lean to attached to their shelter for additional housing is measured at 7"X 4". The milking station is measured at 8"X $"and is located to the side of the goat's shelter about ten(10)feet or less'from their housing unit. Some examples of comparable operations are attached in the exhibit section of this Application. (Exhibit G) We also are submitting a map showing the split between agricultural and residential A-2 area of our property,and hove the pen and shed fits centered on the agricultural_zone. __(Exhibit B) Also the Town of Ludlow does allow for a minimum of ten(101 goats and one(1) litter in their town. (Exhibit E) I I (SE&) COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT-OF-THE TRIAL COURT----------- . .. .....__ . HAMPDEN, ss. 07 MISC. 346018 (ICC) ALAN GRIFFIN and SUZANNE GRIFFIN, Plaintiffs, V. TOWN OF AGAWAM, AGAWAM: ZONING BOARD OF APPEALS, DOREEN PROUTY, FRED HARPIN, and LARRY HOAGUE in their official capacities as Members of the Town of Agawam Board of Appeals, Defendants. ORDER OF REMAND TO DEFENDANT AGAWAM BOARD OF:APPEALS In this case, Plaintiffs Suzanne Griffin and Alan Griffin appeal under G. L. c. 40A, § 17 from the 2007 Decision of the Agawam Board of Appeals, denying the Griffins' application for. a special permit to keep goats on their property at 104 North Street in Agawam (the"Decision"). The Griffins contend that the Board of Appeals' Decision violates their rights under the Americans with Disabilities Act, 4.2 U.S.C. § 12101 et seq. (the"Act"). They also challenge the validity of certain provisions in the Agawam Zoning Code(the "Code")which prohibit the keeping of livestock in residential districts. 1 unlawfully denies Suzanne Griffin's rights to accommodation under the Act.- During the course of the hearing, the Plaintiffs' attorney raised, for the first time, an argument that the Board of Appeals' Decision was erroneously based upon a finding that the Plaintiffs' land is located in the Residential A-2 District, whereas the portion of their land on which the goats would be maintained is Iocated within the Agricultural District. The Griffins argue that the keeping of goats is permissible in that Agricultural District portion of their property. Because neither the Code nor the Zoning Map had been submitted into evidence, the parties were ordered to submit certified copies of sarne. The summary judgment motion was taken under advisement following receipt of the certified copies. After reviewing the Zoning Map and the Code with the parties, it is clear that the Griffins' property is located partly in the Residence A-2 District, and partly in the Agricultural District. That is, the boundary between the Residence A-2 District and the Agricultural District bisects the property such that the front portion, on which the Griffins' residence is located, is zoned Residence A-2, while the rear of the property is zoned Agricultural. Thus, if the Plaintiffs' contention that the Code does not prohibit the keeping of goats on the Agricultural portion of their property is correct, then their claim that•tl e Board of Appeals was required to accommodate Suzanne Griffin's colitis condition by allowing the keeping of goats would appear to be moot. The Code lists the uses permitted by right in the Agricultural District in Article VII, §180-37,paragraphs A through F. Aside from Paragraph N of§ 180-23, which permits certain agricultural uses to be located on the Residence A-Z zoned portion of a split lot under certain 2 The Plaintiffs also waived their claim,raised for the first time in their summary judgment motion,that Alan Griffin,too, suffers a disability which is alleviated by keeping goats. 3 circumstances the keeping of goats for milk production may be permitted under §180-37 of the Code on that portion of the Plaintiffs' land which Iies within the Agricultural District, and for consideration of such other issues and matters, if any, as the Board of Appeals deems relevant to said issue_ Accordingly, it is hereby: . ORDERED that the Plaintiffs shall, within thirty(30) days of this Order, file with the Board of Appeals an amended application which will include a written submission describing their intended use of the Agricultural District portion of their property, including, but not limited to, information regarding: the number, breed, and genders of the goats to be kept; the expected daily, weekly, and annual milk yields; compliance with any certification or registration requirements which may be applicable;what portion, if any, of the milk produced the'Griflxns intend for their own consumption, and what portion, if any, they intend to distribute commercially; the location and size of any shelters or other structures to be maintained; examples of comparable operations conducted elsewhere in Massachusetts; and any other information the Plaintiffs wish to present regarding their proposal to keep goats for milk production. It is further ORDERED that, upon receipt of-said filing, the Board of Appeals shall forthwith schedule a public hearing to be opened no later than.forty-five(45) days after receipt of the filing, and shall publish, post, and send public hearing notices in the manner provided in G. L. c. 40A, §A1, with the Plaintiffs bearing all of the costs of such notices. It is further ORDERED that the Board of Appeals shall conclude the hearing no later than June 4; 2010, unless the court, on motion for good cause, allows later action; and following conclusion of the public hearing, the Board of Appeals shall make appropriate revisions to its i previous Decision, in order to incorporate its additional findings after remand, including its 5 . ALAN & SUZANNE GRIFFIN vs. THE TOWN OF AGAWAM LAND COURT ACTION NO.: 07 MISC. 346018 WO LIST OF EXHIBITS A) Scale of Alan& Suzanne Griffin's Residential/Agricultural lot,Town of Agawam Interactive map for 104 North Street B) Zoning map showing the Residential A-2/Agricultural Zone split of 104 North Street Agawam Massachusetts C) Service Memorandum and Application for Registration or Recordation of the goats showing their breed. The American Dairy Goat Association's Certificate showing the registration of three goats. D) Mill Valley Veterinary Clinic, Inc's. bill showing vaccination for all of Mr. Griffin's goats. E) Town of Ludlow's letter showing that in there residential town they do allow ten (10) goats and one (1) litter, and F) D'Agata's farm letter giving measurements for a pen that allows for up to eighteen (18) goats and how much milk one goat will produce. G) Pictures and Articles showing comparable examples of similar operations conducted elsewhere in Massachusetts. H) Suzanne Griffin's letters from her doctors explaining that she does in fact have Colitis and that goats milk helps to control her colitis. �AIN/1- V r ?�, �snI'H �1 4 rah r� E:IE 2 D L six � I f `7 i Y Y - �✓1 x '} 1 ty u 1, aY rY al E?I t 1x r ��» x r y� r-� •.k1r .fir �-,r —W- fE Ull I. og , RIA - WM .� Al. AW 00 a� r � {.� �q '��,�zrga�u, � � ti ��vF 2• � i o�� '�� r. A • � f f ! r a i k � • m W Legend .ulAq�7 \ Buildings ParcelPolygons J 22 t Zoning n 1 mall other values> Zone!© Agricultural ` zi Business A �. ZL ry,r � Mx ` �1 Business B Industrial Industrial B ResidenceA-1 �1 q4 Residence A-Z Residence A-3 1\ fib yehY�q ,.5'3 a 5�78 Residence A-4 N 0 Residence A-5 ay yea Residence B Right of Way Water h l 112 81 } 1a3 YZ n .'�'xq6 9� Pa a 1tt A 22 s: 3so j N 127 4g w e 1as 126 1! 366 $ t2 Y .;_. ,4 r% 4 Tr, 79n THE AMERICAN DAIRY GOAT ASSOCIATION (Original to owner of doe duplicate to owner of buck.) .SERVICE MEMORANDUM B i— L IvD s_.: . N No. % �o IL Nd ! Dam Owned I me of Da ), (Owner m at Ti 5ery l f } Address Dale of Service Fda J EXHIBi 7� 3 Si nad EJ lC�(,t.c-� iD# �5 _ Owner of Buck Address 1 4 .A DATA IMAGING d ASSOCIATES,INC.(8M)687-18a8 30748-AS 5-4 �� 7.3 1 V• y _ - - THE AMERICAN DAIRY!GOAT ASSOCIATION (Original to owner of doe-duplicole to owner of buck.) SERVICE MEMORANDUM By -.M(jA1VD M _6 Na. sire 7o ys�j6Z-'i . Owned by (Owner of Dam at Time Served) Address (�f� �j &5d4t Wl 01077 Date of Service Fee Signed ID# v S� Owner of Buck 14 f! C "`'J�.Z Address T --■ - DATA SMIV6lN08 ASSOCIATES.INC.(62816B7-f805 30748-AS B-4 v3 7�� 1_ NAME j 1.NAME Nanic intm be r'7C?� nd lSl ��f r - i' -� r�( Q� � '1 I/} I y - _ '+m fined In III lellcrc ill, Choice!!l"' lll (�( v. �J f� ;pac[s and tnuSl l+ckm,+•ilh I h r breeder's her name,I( 2nd any Namc canny>t he Choice ,mcr registered. If name is not available we will alter unless you check Isere for rt:lurn ❑ Artificial insemination Mating? U Embryo Trenslcf. U (Scr Ro1cs fill Naming on rcvcrscsit}e,} 2. NAME OF SIRE and his ADGA number('indicate if unknown or not registered) 'Failure towmplete anti indicate honestly as to hrerd tvpr n1 knnwnnr 4 �)�Dj unknown parentage is cansidereci a misrcprcacntatinr,of periigrcr..' 1 ( ��.�J lJ } 2.NAM I;OF SIRE.If the official ownership of the ctrr and that of the darn Leased? Yes ❑No U are not identical on the dale o(beeding,a srrvice lnrrnn muss be aliached 3. NAME OF DAM and her ADGA number(`indicate if unknown or not registered) (Sec rule 2,section A.on the reverse side.) ].NAMTF.OFDAM.IEpersnnmakitrgapplicaliimfnrn_gistrvpurcbasedlhe �� l�rl dam as a bred doe,a service memo must be obtained front the owner of the sire and attached to the applicarien.Dnm must be ufiiciaily rransfcn cd Wore Leased? Yes ❑ado ❑ kid may be registered- 4. BREED `^Ij 1/� d-BREED.See Rule I and Rufc9,sectien A.and Rules I thrmigh 3,and 7, �J(J r J C JY t section D,on the reverse side. 5. COLOR AND MARKINGS(Limited to 69 letters and spaces) 5.COLOR AND MARKINGS,lie accurate bill make descriplirnt-as as possible.Please provide basic color.For'roggenburgs indicate shade of brrnvn and color of correct markings.For Ober'hasli indicate shade of bay. Y 1 L Sables may be any color ex_ cept solid white or solid light rrcam Conforms to which Breed Standard" b.SEX.Which sex,please! ❑Alpine ❑LaMancha ❑Nigerian Dwarf ❑Nubian ❑Oberhasli Saancn 13Sable a Toggenbur U None 7.DATE OF BIRTH.Be sure the due given is rrinecl.Alm Tecord the 6. 5E?C Buck ❑ Due number of kids of each sex in the birth, I. DATE OF BIRTH f/�� How many in birth? 'y 31.BORN INFORMAT]ON.Ifilic goat is born withotd horus,lice lesmt - Yeary� Bucks _ Does is Posted. Month Day _ 8. HORN INFORMATION: Pulled ❑ EARS: Gopher ❑ Elf 0 9.TATTOO.Animal must be tellooed.Ifilie application indicalesa sauna which is riot actually on the animal,the certificate of registry becomes vnid- Disbudded i1 Dehorncd ❑ I lurns ❑ Erect Airplane 0 Pendulous ❑ able. A limit of four letters artdlor numbers arc allolved ill each of live 9. -r-FO lncitions.(See tattooing section on reverse vide.) Right ear Y_ J _ Right tail web _ -_ Electronic ID _- HAII r FAIR Left ear _ Y Lefttail web - i - Location: U"fail U Base of Far f, Shoulder U Flank Center tail web D Dewclaw 0 Other ! 1r 10, BREEDER Name,address and IRo wner of darn at date of service. 10.BREEDER.The"breeder'is the owner of llte animaPs dam nn nc� t J date the animal was conceived.(See rule 4,section A on reverse;idc I O`M� s tO� H.SIGNATURE.If the dam was purchased as a bred doe,the nwnr_r if �L � 0 1071 O`((BREED.EA) the aninsal being presented for registralinn/recordation mnst sign item It I I 11 and submit a service memorandum.Otherwise,the-klyplicint muss siF n 1 1. SIGNATURE I hereby certi y to the truth and•accuracy of the above data.I offer this item f111. goat for entry in he Herd Register f t e Ame Dairy Goat Association. 12.TRANSFER.This item is used only when Ilse animal being registered is being transferred to another ownership.Do not use this space itnirss v in Signature wish to transfer the animal to a new owner.The appropriale fee for rransrcr Address k, -r must be enclosed. City C Stale Zjp - / 13.FEES MEMBER NONMEMBER oslrrsatked Postmarked Postmarked Postmarked 12. TRANSFER FSa3 1,05• Apr.3- I have on Sep 3,,0605- Apr.1- �_ {My_�(D) {Y),sold abavc described goat to: Mar.3t,oc Aug,3t,as Mar.3L1f6 Acg.31,OS Name of purchaser��U 7a(11��r!'j i �_ .___ID# Address �q j Doe under 3D months $7,50 r. $ 8�Sc 1Doe 30 mo.or older 1 1 AO li 21.00 21 OiY City r e Zjp o I Huck ursder 24 ttlorrilis 13.50 14.50 26,00 27.00 1 Duck 24 Inc.or older 26.00 27,00 51.00 U.00 Signature seller 1D 1 O4 AGS/CGSRe-tegjsbation 11.00 12.DO 115.00 1700 13. FEES(SEE RIGHT COLUMN) Buck Registration Fee includes performance edi ree $ Performance di a for doe if requested at time of registration for mcmbrcr, 53; onmember $5. Transfer of ownership Doe Reg'sslration/recordation ................................... ....$ postmarked w 120 days of sale, $3.SU when It 11tY0IVC5 a member,Transfer of ownership postmarked 121 or more days 4 Generation Pcrformauce Pedigree for Doc............ ..... ...... ....$ after sale,$5 when it involves a member.$15.50 when between $ r nonmembers for any postmark. Rush Fee is 10(r/o of Iltc Transfer(if#12 completed) ......... ...... ..... ....:...... ... registration fee and will apply if certificate is requested to be ❑ Rush Fee Enclosed-(Mark RUSH on front of enve[ope) . .....$ returned postmarked from ADGA 14 days or less from the sender's postmark date. Box must be checked and fee listed if Donation(500 or more): ❑Promotion ❑Research ❑Scholarship . ......$ _ rush processing is desired. V-ttsa/MastdCard E-xpiratian Dale _ dame or 1D# of Person Submitting Applicadtin Name on Card _, S�Tx�1 ME ._�._.,....__ 1. ,NA Nil. tams'ItIt IVI he �. t'nnfimcd In 111 lencls and .Irrtr.anti l�,nsl hcgirl�eilh Choice Ihr hrr"Mf!l's hcld7mmc.if 2nd .111v. idarnc Cannol he Choice ---`-- - -- - ---- - --- -___- - ------ - - --- 1 li;mvttd mire regislcred If name is not available we will alter unless you check here for return © Artificial insemination Mating? ❑ Embryo Transfer i-A (Scc 1611r`for Naming on I'vl'rcr Slite. - NAME OF SIRE and his ADGA number(*indicate if unknown or not registered) "Failure to compleie and indicatehnnrslly nc to hrrrrlrvpe nr hnnwn nr �. �� tmknown parentage is considered a rttisrcprrsrntaiinn nr pcvlier'F•r. � r Imo-+ 1t+Wr i F ``�� 1--�, �r�h 5 W 1 h � 3�71�+ 2.NAMEOF5[RE.IFIhc official o,vuershil.nFthesil,•a+,Ilthatof;lerllaur ULeased? Yes U No _.1 are not identical an Ilse date of brcediug,a sir,ice Inem.,Imsi he auanccd 3. NAME OF DAM and her ADGA number(*indicate if unknown or not registered) (See rule 2,section A,on the reverse sidc.J ��} 3.NANW OF•DA NI.Ifperson making app[icaliou rrti r octet v Pm cbasr-d the n rcG ` ��4 darnas a bred doe,3 service mento must he ohlained hole,the rn4srer of the {{•JJ _1 sire and attached lathe application_[lam mutt be(fficialiy tran:FclrMl befnrc Leased? Yes ❑No )d kid may be registered. 4. BREED 5� ^!' Dd.BREED.See Rule I and Ruic 9,section A,and Rtdct I ihranFh 3.auc[7, I I E� section ,on the reverse ssde. 5. COLOR AND MARKINGS(Limited to 69letters and spaces) 5.COLOR AND MARKINGS.Braccuratebat make descrlpli,vl as short as possible.Please provide basic color.For Toggenbi rgs itirlicale shade of brown and color oFcorrect markings For 0i crha.0i indiraic slime of hay. Sables may be any color except solid white or solid light rrram Con Forms to which Breed Standard? 6.SEX.Which sex,p€ease! ©Alpine 0 LaMancha C1 Nigerian Dwarf Q Nubian ❑Obcrhasli Saancn _ ❑$able ❑Toggenburg U None 7.DATE OF BIRTH.Be sure the dale given is correct Also rermrd the 6. SEX Buck 0 Doc number ofkids of each sex in the birth. 7. DATE OF BIRTH How many in birth? A.HORN INFORMATION.If the goal is born wilhout Irn_tnc,the Icmt Month _Day _Year (D� Bucks Does is Polled. 8. HORN INFO MATION: Polled © EARS; Gopher ❑ Elf❑ 9.TATTOO.Animal inusl he tallnncd.iFlhc application iudicawr a benoo f which.is not actually on the animal,the cerlilicaie of rcgish y lu:r In res,nid- Disbudded Dehorned ❑ 1lums ❑ Erect i Airplane ❑ Pendulous 0 able.A limit of four letters and/w numbers arc allrnccd iu cart,mf I, locations,(See tattooing section on reverse side.) TATTOO C t.nrr {-. -` f V-1ft Right ear V J Right tail web _ Electronic iD _ _ pAIL `T r ""a 1 Left ear A- _ ` LeR tail web _ Location: ❑Tail U H uc of Gar f] Shoulder U Flatik� Centcr tail web 13 Dcwciaw ❑Other f. ! `1 10. BREEDER Name adc ess and ID#of ovmcr of dam at date ofscrvice. 10.BREEDER.The"breeder"is the owner of dre aniutai'%dam nn the jLNc-_ Y m h dale the animal was conceived.{Sec ndc t,scclirnt A nn Irrcrcc ,idr. > I 1 ` tnr�1 ID9 }o'L'al�Z 1I.SiGNATURE.IFthe dam was purchaser[aces a hrcd clnc,the nwncr nt {( � A -7� ($REEDER) thcatrimal being presented for regisiratiordreconlation smisl cigo it,•rn'iI I f 1 andsubmil a service rnentorandum,Otherwise,the applicant imsl siIvi 11. SIGNATURE I hereby cert fy to the truth an ac uracy of the above data.I offer this ilcm k11. &oa#for entry i he Herd Rcgist o he A n Dalry Goat As9ociation. t2.TRANSFER-.This item is rued only when the nnimal being repistr_rcrl is being transferred In another ownership.Do nil use This space tulle,yr 111 Signature wish to transfer the animal in a new owner.The appropriate fie for trandcr Address muss he enclnsed. City Slate Zip�0 _ 13.FEES MEMBER NONMEMBER -- Posftriarked Paslrnarked Postmarked Postmarked l2. TRANSFER Sep.t,05• Apr,i. Sep.1,05- Apr.I I have on Qom_(M)�� (D) Y},sold above descried goat to: Ma.31,OG Aug.71,D5 Mar.31,06 Aug.31,n5 Name of purchaser ' �' r ) [I3tf I , Doe under 30 months S7.5o S 9.50 114,00 $I s:nn Address 4 S S Doc 30 mo.or older 11.00 12.00 21.00 22 0t1 City talc Zip 01 C�1 l Ekxk"24 montlu 13.50 14JO 26.00 37,00 Signature seller fDH j- Duck24mo.arolder 2GA0 27,00 5[.00 570(I 1 QAGSUGS Rc rerz0M-Aoo 11.00 12.00 16.00 17!10 13. FEES(SEE RIGHT COLUMN) _ Buck Registration Fee includes performance edi rec ,_...-$ Pcrfonnance pedigree for doe if requested at tini.L'elf registration g ( p p g ) ''''"" p- Is for members, $3; Nonmember 55. Transfer of ownership Doe Registration/recordation ............... .................... .. .$ 6 , postmarked within 120 days of sale, $3.50 when it involvrs a member;Transfer of ownership postmarked 121 or more days d-Generation Performance Pedigree fur Doc........ .............. .. .. .$ after sale,$5 when it involves invoes a member.$15.50 when between Transfer(if r!12 completed) $ nonmembers for any postmark. Flush Fee 'ts 100% of the """" "'"" "'" " " registration fee and will npply ifcertificale is requcsled to he ❑ Rush F'ec Enclosed-(Mark RUSH on front of envelope) ... ...$ returned postmarked from ADGA 14 days or less front the Donation 500 or more : ❑Promotion ❑Research ©Scholarshi S sender's postmark date. Box roust be checked and fee lislcd if ( ) fl rush processing is desired. Visa[MasterCard Expiration Dale dame or ID9 of Person Suhrnitling Appiication Name on Card r } �. �CJr K.�► �1 I��CC.I..I l�►ll�=✓t�)�1�� t 7tR:�-�'-t,1'�f1L. L3 S`i'�1 '�.._.._ A0GA American' D c-ur Goat Ass ociation _ 3 since ALGA Regishry, based on original import records, is yoor arranty ofcood breeding and worldwide acceptance. Since 1904 1904 P O.Box 865. 209 W.Main Street, Spindale, NC 28160 (828)286-3801 Fax(825)287.0476 www ADGA org certificate of 3 .4 trp PUREBRED FRENCH ALPINE vANIE: ALPINE WAY PK KA.RMEL REGISTRATICNID: A1.428229 SIRE'S SIRE: A1339058 WILLOW RUN JUAN CARLOS ROSCOE A1395845 *B LA2008,2006 S1R�: CENTER-STAGE WRR POWDER KEG *B SIRE'S DAM: A1116314 SGCH CENTER—STAGE ROYALE PROMISE 9*M AR2003 LA2005,2004,2000 DAM'S SIRE: A1285900 A1301049 BRANDT'S SDTR LIMITED EDITION DAM- +B AR2006 LA2005,2004 SG CENTER—STAGE LE PREMIUM KISSES 9*M AR2005 LA2007,2006,2005 DAWSDAM: A1193592 SG CENTER--STAGE DD -PIXY'S PHOENIX 8*M AR2003 LA2004,2002 DESCRIPTION: CHAMOISEE SEX: DOE DATEOFBIRTR06/11/2007 HORN INFORMATION: DISBUDDED TATTOO: RE: 3RR LE: X3 EAR INFORMATION: ERECT BRRD BY: REYNOLDS, RUSSELL 1496369 KINGSTON, MA OWNED BY: GRIFFIN, SUZANNE 1506237 11/01/2007 AGAWAM, MA ISSUE DATE: 01/06/2009 Under the Rules of the American Dairy Goaf Association Thu herein described animal has been accepted for registry in the Amerce Dairy Goal Association under the Sylaws and policies of lire Association. This certificate is issued in reliance on me vulh of the statements subrnived on the appticatwn tce r istry orlransSer,hui is in no e�entdeemed a g sarantae bl the Asscciatian of the 6teedrq phi McKe !e or owners up of the animal. If an animal has been adnvtted to entry or Iransfenedrough error,misrepresentatlon,or Baud,such envies or transfers are void,together wi any eriries and transfers that may have been made of progeny of any such animals and the American Dairy Goal Association assumes na liability for damages arising from ADGA AS 80iation Manager such entry or transfer. Alterations to this certificate except,as made by the ARGA office,render it NULL AN❑VOID. CERTIFICATE OF TRANSFER I have on sold this animal to BUYER @ address {CITYI (STAT�I (ZIp CODE) CD CD 1506237 GRIFFIN, SUZANNE OWNER Id NAME CD =_ When this animal is sold,CERTIFICATE OF TRANSFER block must be completed and signed OWNER(SELLER)SIGNATURE N by seller. CERTIFICATE OF REGISTRY should then be resumed prompiy to ADGA with appropriate transfer fee. 1219756 20070109198 �Y � a American Dairy Goat Assoclaion sin ADGA Registry,based on original import records,is your Dairy of good breeding and worldwide acceptance. Since 1904 1 904 PA.Box 865, 209 UV,Main Street, Spindale, NC 28180 (628)286-3801 Fax(828)287-4476 www,ADGAorg &rtifirate of tegl5trp AMERICAN SAANEN SAME: MISTWEAVER MOON r S SNOW WHITE REGISTRATION ID: AS1394681 SIRES SIRE; AS1218276 AS1360921 *BIXAPRA VISTA KNIGHT HALLMARK 3 RE: HI-LAND KNIGHTS WHEATEN SIRE'S DAM: AS1197021 HI-LAND P.D.D. JASMINE DAMS SIRE: S1145925 AS1352161 HI--LANs? P.D.D. TINY TIM )AM: MISTWEAVER CAROLINA MOONSHINE DAM'S DAM: AS0968558 GCH MISTWEAVER MOONFIRE 7*M AR2000 ST2006 LA2002,2000,1999 )ESCRIPTION:WHITE SEX: DOE DATE OF BIRTH: 04/02/2006 TORN INFORMATION:DISBUDDED TATTOO: RE: SVS LE: W3 :AR INFORMATION; ERECT RED BY: SMITH, SUSAN V 1281724 SOUTHWICK, MA )WNED BY: GRIFFIN, SUZANNE 1506237 05/20/2006 AGAWAM, MA ISSUEDATE; 12/19/2006 Under the Rctfes of the American Dairy`Gdat AsisoaaV16n he herein described animal has been accepted for registry in the American Dairy Goat Association under the Bylaws and policies of the Association. This certificate is ,. sued in reliance on the froth of the statements submitted on the application for r islry or transfer,but is in no eventdeemed a guarantee by the Association of the Graeding Shiite McKe tsh e r ownership of the animal. !fan animal has been admitted to entry or transferredj9hrolh error,misrepresentation,or fraud,such entries or transfers are void,together wilfi ny entries and transfers that may have been made of progeny of any such animals,a the American Dairy Goat Association assumes no liability for damages arising from ADGA Association Manager uch entry or transfer. Alterations to this certificate except,as made by the ADGA office,render it NULL AND VOID. CERTIFICATE OF TRANSFER have on ;old this animal to BU YER ID rn —tddress 00 —(CITY) (STATE) {ZIP CODE) O = .506237 GRIFFIN, SUZANNE O )UiNER iD. NAME O Aen this animal is sold,CERTIFICATE OF TRANSFER NDck must be completed and signed OWNER(SELLER)SIGNATURE N y seller. CERTIFICATE OF REGISTRY should then be returned promptly to ADGA with _ pprcpriale transfer fee. 20060083692 1186101 �mer'can Dair at Associafion Since ALGA Registry,based on original import records,is yaur4rarranty of good breeding and worldwide acceptance. Since 1904 1904 P.Q. Box 865, 209 W.Main Street, Spindale, NO 28160 (828)266-3801 Fax(828)287-4476 www.ADGAorg Certificate of 3.egl5trp AMERICAN SAANEN dA+NftE: MISTWEAVER CINDERELLA ROSE REGISTRATIONID: AS1394680 SIRE'S SIRE: AS121827 6 AS1360921 *B'KAPRA VISTA KNIGHT HALLMARK 3SIRE: HI—LAND KNIGHTS WHEATEN SIRE'S DAM: AS1197021 HI—LAND P.D.D. JASMINE DAM'S SIRE: AS1235273 AS1352162 WILLOW—LANE GAIA INAkI )AM: AI *B MISTWEAVER JASMIN ROSE DAM'S DAM: AS1154903 SG MISTWEAVER AMETHYST ROSE 2*M AR2001 LA2002 )ESCRIPTION:WHITE 'EX: DOE DATE OF B.IRTN: 03/29/2006 TORN INFORMATION:DISBUDDED TATTOO: RE: SVS LE: Wl :AR INFORMATION: ERECT IRED BY: SMITH, SUSAN V 1281724 SOUTHWICK, MA )WNED BY: GRIFFIN, SUZANNE 1506237 05/20/2006 AGAWAM, MA ISSUE DATE: 12/19/2006 Under the Rules of the American Dairy Goat Association he herein described animal has been accepted for registry in the American Dairy Goat Assacialion under the Bylaws and policies of the Association. This cetificate is ;sued in reliance on the truth of the statements submitted on the application for registry or transfer,but is in no event deemed a guarantee by the Associatlen of the breeding Shirle McKe le r ownership of the animaf. If an animal has been admitted to entry or Uansferred through error,misrepresenfaf op,or fraud,such entries or transfers are void,bgether with ny entries and transfers that may have been made of progeny of any such animals,and the American Dai Goat Association assumes no liability for damages arising from ADGsA Association Manager uch a try or transfer. Alterations to this certificate excepl,as made by the ADGA office,render it MULL AN VOID. CERTIFICATE OF TRANSFER have oni — ;old this animal to = co iddress BUYER ill co rn (CITY) (STATE) (ZIP CODE) O -506237 GRIFFIN, SUZANNE o IVJNER ID NAME p Then this animal is sold, CERTIFICATE OF TRANSFER black must be completed and signed OWNER(SELLER)SIGNATURE N ^' y seller. CERTIFICATE OF REGISTRY should then be returned promptly to ADGA with pprop Nate transfer fee. 20060083691 1186100 Mil! Valley Veterinary Clinic, Inc. Patient Chart Printed: 03-15-10 at 11:08a CLIENT INFORMATION Name AI Griffin (13244) Address 104 North St Spouse Agawam, MA 01001 PATIENT INFORMATION Name Goat herd Species CAPRINE Sex (unknown) Breed Alpine Birthday 03-15-10 Age ID Rabies Color Weight 0.001bs Reminded (none) Codes roundworm hookworm tapeworm whipworm fecal result strongyle haemonchus cooperia MEDICAL HISTORY EXHIE Date By Code Description Qty(Variance) 02-10-10 CBM VI IT Patient check-in SUBJECTIVE SECTION Vaccinated 7 goats for rabies and CDT OBJECTIVE SECTION ASSESSMENT.SECTION PLAN SECTION 1500. Farm Call Belchertown, Arnherst,Qranby f Trol 9 i N" U �4' Town of Ludlow Board of Health 488 Chapin Street Ludlow, Massachusetts 01056 Phone:413-583-5600 ext. 271 Fax., 413-583-5689 T7Y:413-583-5668 E-mail:heelth@ludlo+w.ma.us December 21,2009 Mr. Allen Griffin 104 North Street Agawam, MA 010+01 Dear Mr. Griffin, We would like to thank you for attending our meeting on Thursday, December 17th to discuss your request of having goats on the property of 1244 Center Street in Ludlow which you are planning to purchase. The Board is allowing you to have up to ten (10)goats and one (1) litter, as long as these goats are well cared for. SincereI , EXHIB.1' Bruce Qziura, M.D. Chairman BD/cmr YAg l s Fine Family Far, An adult goat requiresl, 12 to 15 square feet of open pasture and at least 10 square feet inside a barn or shed. So a 12X15 shed would be suitable for up IS goats. Though it matters what breed a good quality dairy goat will produce 1-2 gallons of milk a day on average. EXHIBI t 4 r s x ` I F . _ p I III I k_ ill I ;M. . III; III III 'II�I iI �I �dllLt-U --AdLeS ttrigiisn) w Local --veather ir. cr my „esKtco Home Weather News Travel Driving Health Home & Family Sports Outdoor Activil hoto Gallery fi WE EXHIBIT CM :s on a farm in fall 2n in Ludlow, MA by jovut 2 like this: do,,ics, ';'leather, Spi-ingfie!d, .J .//www.weather.coni/outfook/photo/read/weather/2 02E C 8 2C-91 F I-I I DD-B F45-8FB B... 3/25/2010 PERAfITSARE TO SEPAID BYCHECKPAYABLE TO TOWN OF WAKEFIELD Town of Wakefield Board of Health William J. Lee Memorial Town Hall One Lafayette Street Wakefield, MA. 01880 Tel. (781)246-6375 Fax.(781)22"018 Application for Initial Animal Permit Permit Fee: See Below (Please Print) THE UNDERSIGNED HEREBY APPLIES FOR A LICENSE TO KEEP: (state# of animals) Horses Poultry Pigs Game Birds Chinchilla Cows Goats Sheep Mink Other specify THE FOLLOWING INFORMATION SHOULD BE SENT TO THE BOARD OF HEALTH, WAKEFIELD TOWN HALL, ONE LAFAYETTE SfREEG WAKEFIELD, MA 01880 1. The area, lot of land and residential address 2. Location of animal facility on lot 3. Dimensions of animal housing facility 4. Distance of animal housing facility to streets, water courses, wells and abutters 5. Applicant shall furnish written verification signed by all abutters, that they have been notified of the applicant's intent and have been informed of their right to express their grievances, if any, to the Board within seven (7)working days. AREA: A minimum of land area of 43,560 square feet shall be required for one(1)animal cows, cattle, goats, horses &sheep). For each additional animal 20,000 sq. ft. shall' be required. Applicant Signature Address&Tel. No. Property Owner Address Inspected by w Date of Inspection ** Please give information in 1-4 above, including acreage, lot dimensions, and attach a plot plan on an attached separate sheet i FEES: Bird &fowl $10.00 (maximum allowed 24) Cattle (bull), cows, horses, sheep &goats $10.00 (each) Pigeons $10.00 (maximum allowed 14) Pigs $10.00 (maximum allowed 3) Stable $40.00 (for 5 or more horses) PRINTTHIS Powered by r Ockabdity Animals who got residents' goats back at home on Calder Avenue By DEE DIXON February 11, 2009 Posted: February 11; 2009, 6:05 PM CST Last updated: February 11,2009, 7:34 PM CST The field was empty Wednesday morning, but residents who live off South 23rd Street have waged are effort for several months to have a group of goats and sheep removed from their neighborhood. That campaign was brought to City Hall Tuesday when, armed with a petition with 100 signatures, nearby resident and lawyer Melody Chappell asked the council to amend city ordinances to prevent livestock from being allowed in residential neighborhoods.. "We want the goats gone," Chappell said. "We want the ordinance amended with regard to livestock in the area so close to wildlife and residential areas because the goats certainly attract the wildlife, which creates a danger to our kids and small animals." The 14 goats and seven sheep are owned by local businessman Sam Parigi. He wasn't at Tuesday's meeting, but he heard that people spoke in opposition to pasturing the animals off South 23rd_ In a telephone interview Wednesday, he said the goats were returned to an area between Calder Avenue. and Phelan Boulevard 10 days ago. However, residents in the neighborhood said that they saw goats on the 23rd Street property this past weekend. Felix Jones, 38, said when he was building his home a handful of goats were kept in a smaller pen set back off 23rd. I After he moved in eight months ago, he noticed a bigger fence had been built off 23rd Street and more goats were put out to pasture. It's not a use that is conducive to the neighborhood,he said. Parigi said before last year's hurricanes hit, he moved the animals from the three acres abutting Calder that they have called home for eight years to 23rd Street, where he owns a warehouse. http://www.printthis.clickability.com/pt/cpt?action=cpt&title=Animals+who+got+resident... 3/25/2010 "When the storm hit, if I had any damage at Calder, the goats would not be harmed (near 23rd Street). It could have been a catastrophe," Parigi said Wednesday. "We had a lot of damage out there." He said several trees fell on the Calder Avenue property, and between cleaning up that land and repairing other properties it took a while to finish. Parigi said several months ago he was contacted by various city officials -health department, fire department, animal control and eventually council members. Parigi said throughout the whole ordeal he was never contacted directly by any of the homeowners who wanted the animals moved, but only by the city officials. ".lust call me, I am reasonable," he said. City ordinances prohibit livestock from being within 150 feet of a home or business. And in the case of the goats, up to six are allowed in an area about half an acre. Parigi said his property on 23rd Street is more than 150 feet from the homes and he doesn't have any problems from the nearby businesses. The city ordinance says a property owner can get a variance "if all property owners who have a dwelling, church, school,hospital or business within one hundred fifty (150) feet of the area within which livestock are kept give their written consent for such a variance," according to the Beaumont ordinance available through the Franklin Legal Publishing Web site. Chappell said a lot of the older residents in the neighborhood felt like the goats were a negative impact on the community,which was seeing the first signs of development in new homes.being built over the past two years. "They are worried about their property values," Chappell said. Parigi contends that he has always had four sheep on his property off 23rd Street to keep the grass down. He expanded the pen area after the hurricane, which he thinks created the furor. "They are kind of cute if you watch them graze," said Parigi,-who first started buying the animals from young children whose animals didn't sell at the annual livestock show. As a child, he said he would ride his bike by the property on Calder, where the Rinando family raised sheep.. As an adult, when the property became available, Parigi bought it and Wanted a bit of nostalgia. "The sad part about this whole thing is the whole time the goats have been gone from Calder, I have had two to 300 people ask when I am going to move the goats back." Find this article at: http�l/www,beaumontenterprise.com/news/locallanimals_who_got residents_goats_back_at_home_on_calder_avenue_02-11- 2009.htmf?&showAllCommentsy http://www.printthis.clickability.com/pt/cpt?action=cpt&title=Animals+who+got+resident... 3/25/2010 �{ f . . w. . � . . -wy � ~°?z> . WIN im . -y. . -. . . 2~�=� . . ,..«» ; Grp 2me is momen crp62.c m/im e/30*!52/L%£STOEE02100 jp \ 3% 2010 ' lie aill S f . } lon1ne sJt,,,&�. 1ti`ir�r,rrt�l, Workshop Nov. 21 on zoning proposal By Victor Tine Staff writer November i2, 2009 03:54 am NEWBURY— The town's oldest subdivision could be receiving special attention at next year's Town Meeting. The Planning Board is seeking public comment on a proposal to change the zoning in the Montgomery Park neighborhood from agricultural/residential to residential. The board will hold a public workshop on the proposed rezoning on Nov. 21 from 9 to l I a.m. at Town Hall. Any rezoning would have to be approved at Town Meeting, usually held in May, and would require a two-thirds majority to be adopted. Town Planner Martha Taylor said the change, if implemented, would not affect the Mongomery Park Farm on Morgan Avenue_ The farm, which breeds Saanen dairy goats, would be considered a pre- existing nonconforming use. Rather,the bylaw change is intended to recognize that Montgomery Parkes density is greater than any other part of town. The neighborhood consists of relatively small house Iots clustered arourid a half-dozen short streets. Most of Newbury's houses are in agriculturallresidential districts that require one-acre tracts. "The purpose is to recognize that it's different,"Taylor said. "We want to get away from one-size-fits-all zoning. Montgomery Park was laid out in September 1897 by Boston developer Jonathan Bartlett, according to a Map in the assessors' office. The original plan shows 135 lots----most of 4,200 to 5,000 square feet, although a couple were over 7,000 —on Morgan Avenue, Graham Avenue, South Pond Street, Withington Street and Kingsford Street. Many of the house lots are larger now. The zoning proposal encompasses about 80 house lots on the original streets and on Fairview Avenue and Anchor Way, according to a map in the planning office at Town Hall. It borders the Upper Green Commercial District, which was enacted at last May's Town Meeting. http://www.newburyportnews.com/punews/local_story_315224133.htmUresources_arintst... 3/25/2010 Taylor said the Planning Board is interested in hearing from residents about uses that should be allowed in a new residential zone. She said the board is leaning toward setting the district lot size at 20,000 square feet and the frontage requirement at 100 feet. She said setback requirements haven't been finalized. Copyright C0 1999-2010 cnhi, inc. http://www.newburyportnews.com/punews/local_story_315224133.html/resources_printst... 3/25/2010 I � � � � 77 �� • � � A� �'� �� :.�� C � - P�1�' r Y ,� a L �� Y jfd�/ i � ri '� �EFH - J � 5 'I I� ' t.i,' -. y:�r'' �f.,k. _ �. ��r� �, q '� Y. _ �, �, r 4 - � J ,� _ a�� +f - �, � �� , � ,;�k. �_ �` y>� � �, . a z, '� h� -� r �r �u �, _ -Y � z� _� 2 C��`�• ! � �'; .�� i�, A.M j-L y call : }, , , EXHIBI r< PAUL M,•BOTHNER, M.D., F.A.A.,P. - GEORGE E. REYN OLDS. M.D., F.A.A.F.P. LANCE D. REYNOLDS, M.D. - BASHIR BASHIRLIDDIN, M.D. PIONEER VALLEY MEDICAL CENTER 75 SPRINGFIELD ROAD, SUITE 1 WESTFIELD, MA 01085 PHONE: (413)562.5173 eman,PA-C Gloria Stewart, BS, RNCS diano, PA-C ! ilharn Yacteen, MS, RNCS NPC August 9, 2006 To Whom It May Concern: Suzanne Griffin is a patient of mine at Family Medicine Associates. She has been diac-nosed as having colitis. The Griffin's have purchased goats to supply milk for them. This milk has helped control her colitis. Without the goats her health will be dfected. 4Si e ynold F. GER/bks yo. Nod NOT "ANK MO FOCI NPC ell W-A ov� 610 JI /i Y 4 l� (SE&) COMMONWEALTH OF MASSACHUSETTS LAND COURT HAMPDEN, ss. 07 MISC. 346018 (3CC) ALAN GRIFFIN and SUZANNE GRIFFIN, Plaintiffs, V. TOWN OF AGAWAM, AGAWAM ZONING BOARD OF APPEALS, DOREEN PROUTY, FRED HARPIN, and LARRY I40AGUE in their official capacities as Members of the Town of Agawam Board of Appeals, Defendants. ORDER OF REMAND TO DEFENDANT AGAWAM BOARD OF APPEALS In this case, Plaintiffs Suzanne Griffin and Alan Griffin appeal under G. L. c. 40A, § 17 from the 2007 Decision of the.Agawam Board of Appeals, denying the Griffins' application for a special permit to keep goats on their property at 104 North Street in Agawarn (the "Decision"). The Griffins contend that the Board of Appeals' Decision violates their rights under the Americans with Disabilities Act, 42 U.S.C. § 1210I et seq. (the"Act"). They also challenge the validity of certain provisions in the Agawam Zoning Code (the "Code") which prohibit the keeping of livestock in residential districts- 1 The Plaintiffs' application to the Board of Appeals sought an exception from the Code's prohibition against the keeping of livestock in the Residence A-2 District,' on the grounds that such exception is required under the Act as an accommodation for Suzanne Griffin's colitis condition. The Griffins claimed that colitis is a recognized disability under the Act,that goat's milk alleviates Suzanme Griffin's colitis symptoms and that, therefore, the Town is required to make appropriate accommodation for Suzanne's disability by allowing the Griffins to keep goats on their property for the production of milk. The Board of Appeals denied the Griffins' application finding, among other things, that no evidence had been submitted to prove that Suzanne Griffin's colitis condition-meets the Act's definition of disability, that the goats were not yet producing milk, and that the Griffins were purchasing goat's milk commercially. In their Amended Complaint, the Griffins challenge the Decision on the grounds that it is arbitrary and capricious, is based on an invalid Code provision, and that the Board's literal application of the Code and refusal to accommodate Suzanne Griffin's colitis condition violates the Act. They further seek a declaration under G_ L. c. 240, § 14A that the Code provisions which prohibit the keeping of goats in the Residential A-2 zoning District,but allow the keeping of horses in that District, do not bear a substantial relationship to public health, safety and welfare and are, therefore, constitutionally invalid. The Plaintiffs' Motion for Summary Judgment was filed on August 3, 2009. The Defendants filed an Opposition on September 22, 2009. A hearing was conducted on November 16, 2009, at which time the Plaintiffs waived their claim that the Code is invalid, and instead focused on their claim that application of the Code through the Board of Appeals' Decision The uses permitted in Residence A-2 Districts are listed in Article III,§ 180-23,paragraphs A through N of the Code. Tinder§ 180-23(K),"[t]he keeping and raising of poultry,livestock and pigeons, whether for table or other purposes,or other like objectionable uses are prohibited"in the Residence A-2 District. 2 unlawfully denies Suzanne Gri£fin's rights to accommodation under the Act? During the course of the hearing, the Plaintiffs' attorney raised, for the first time, an argument that the Board of Appeals' Decision was erroneously based upon a finding that the Plaintiffs' Iand is located in the Residential A-2 District, whereas the portion of their land on which the goats would be maintained is located within the Agricultural District. The Griffins argue that the keeping of goats is permissible in that Agricultural District portion of their property. Because neither the Code nor the Zoning Map had been submitted into evidence, the parties were ordered to submit certified copies of same. The summary judgment motion was taken under advisement following receipt of the certified copies. After reviewing the Zoning Map and the Code with the parties, it is clear that the Griffins' property is located partly in the Residence A-2 District, and partly in the Agricultural District. That is, the.boundary between the Residence A-2 District and the Agricultural District bisects the property such that the front portion, on which the Griffins' residence is located, is zoned Residence A-2, while the rear of the property is zoned Agricultural. Thus, if the Plaintiffs' contention that the Code does not prohibit the keeping of goats on the Agricultural portion of their property is correct, then their claim that the Board of Appeals was required to accommodate Suzanne Griffin's colitis condition by allowing the keeping.of goats would appear to be moot. f The Code lists the uses permitted by right in the AgriicuItural District in Article VII, §190-37, paragraphs A through F. Aside from Paragraph N of§ 180-23, which permits certain agricultural uses to be located on the Residence A-2 zoned portion of a split lot under certain Z The Plaintiffs also waived their claim,raised for the first time in their summary judgment motion, that Alan Griffin,tao, suffers a disability which is alleviated by keeping goats. 3 r circumstances,3 there is no other provision in the Code concerning the use of lots split by a zoning boundary. Therefore, under the plain language of the Code, the uses listed in § 180-37 are permitted on any land located in the Agricultural District, subj ect to the lot and any structures thereon meeting the applicable dimensional requirements set forth for that District under §190-3 8 through §180-42, even if that land is the Agricultural zoned portion of a split-zone lot. Notably,paragraph B of§ 180-37 lists "[Harms, dairies,nurseries, truck gardens, greenhouses and natural ice-harvesting activities and buildings or structures accessory thereto" as permitted uses on land in the Agricultural District. The Code,however, does not define or explain the terms "farm"or-"dairy." Moreover, there is no evidence before this court as to the Town's interpretation of these terms, and little or no evidence about the exact scope and nature of the Plaintiffs' intended use, so as to permit a determination of whether the keeping of milk goats would, either in general or under particular circumstances, fall within one of the permitted agricultural use categories listed in § 180-37. If the Griffins may keep milk producing goats on the Agricultural portion of their property as a matter of right under the Code, this factor would, of course, be relevant to whether the exception from §180-23(K) originally requested by the Grins is necessary to accomrnodate Suzanne Griffin's claimed disability. But this issue was never addressed by the Board of Appeals in considering the Griffins' application, apparently because the Board of Appeals believed that the entire property was zoned Residential A-2. Therefore, this matter is hereby REMANDED to the Board of Appeals to conduct a further hearing and to consider and make findings on the issue of whether and under what s Paragraph N of§ 180-23 permits in the Residence A-2 District:"Uses outlined in§ 180-37 B and C,when the Line separating a Residence A-2 District from Agricultural District runs through a property not being used for agricultural purposes so that the fut=use of the whole property for agricultural purposes would be prohibited." As the Griffins do not seek to maintain goats on the portion of their property in the Residence A-2 District,this provision is not applicable. Nevertheless,paragraph N does support an inference that agricultural use solely on the Agricultural portion of such a split-zone lot.is permissible. 4 N - circumstances the keeping of goats for milk production maybe permitted under §180-37 of the Code on that portion of the Plaintiffs' land which lies within the Agricultural District, and for consideration of such other issues and matters, if any, as the Board of Appeals deems relevant to said issue. Accordingly, it is hereby: ORDERED that the Plaintiffs shall, within thirty(30) days of this Order, file with the Board of Appeals an amended application which will include a written submission describing their intended use of the Agricultural District portion of their property, including, but not limited to, information regarding: the number,breed, and genders of the goats to be kept; the expected daily, weekly, and annual milk yields; compliance with any certification or registration requirements which may be applicable; what portion, if any, of the milk produced the Griffins. intend for their own consumption, and what portion, if any, they intend to distribute commercially; the location and size of any shelters or other structures to be maintained; examples of comparable operations conducted elsewhere in Massachusetts; and any other information the Plaintiffs wish to present regarding their proposal to keep goats for milk production. It is further ORDERED that, upon receipt of said filing, the Board of Appeals shall forthwith schedule a public hearing to be opened no Iaer than forty-five.(45) days after receipt of the filing, and shall publish, post, and send public hearing notices in the manner provided in G. L. c. 40A, § 11, with the Plaintiffs bearing all of the costs of such notices. It is further ORDERED that the Board of Appeals shall conclude the hearing no later than June 4, 2010, unless the court, on motion for good cause, allows later action; and following conclusion-of the public hearing, the Board of Appeals shall make appropriate revisions to its previous Decision, in order to incorporate its additional findings after remand, including its 5 n , findings as to under what circumstances, if any, the keeping of goats is or could be permitted under one of the use categories listed in § 180-37 of the Code, on the portion of the Plaintiffs' land within the Agricultural District. It is further ORDERED that within twenty-one (21) days after the conclusion of the public hearing,the Board of Appeals shall file its decision after remand with the Town Clerk, and shall file a true copy of said decision with this court. It is further ORDERED that the court shall retain jurisdiction over this matter, including any appeals which may be taken from the Board of Appeals' decision after remand pursuant to this Order. No party currently a party to this litigation who is aggrieved by the decision after remand need initiate a new lawsuit appealing said decision, but.any such aggrieved party shall, within twenty (20) days of the filing of the decision after remand with the Town Clerk: (a) file with the court(and serve on all parties) a proper motion for leave to amend the pleadings to assert a right of judicial review of the decision following remand,with the form of the proposed amendment annexed thereto; and(b) file with the Town Clerk written notice of having filed such motion, accompanied by true copies of the moving papers. SO ORDERED. y the court(Cutler,J.) Attest: _ Deborah J. Patterson,Recorder Dated: 5 March 2010 A TRUE COPY ATTEST. RECORDER 6 � C'n Win Now l 5 w2a ie- / a /Z' TOWN OFAGAWAM 36 MAIN STREET ' AGAWAM,, MA 01001 BOARD OF APPEALS A E April 1, 2010 The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library Conference Room, 750 Cooper Street, Agawam, MA, beginning at 6:30 P.M., Monday, May 10, 2010 for the following: Case#: 1779 Petitioner: Alan and Suzanne Griffin Address: 104 North St. Reason: Seeking to amend a previously denied decision(Case# 1779)as Ordered by the Commonwealth of Massachusetts Land Court to allow for the keeping of goats at the premises identified as 104 North Street. Advertise: April 22, 2010 and April 29, 2010 Doreen Prouty Chairperson DP1jb . _ ti 6-r I-a" �e Sum TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MA 0100I l BOARD OF APPEALS EA April 1, 2010 The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library Conference Room, 750 Cooper Street, Agawam, MA, beginning at 6:30 P.M., Monday, May 10, 2010 for the following: Case#: 1779 Petitioner: Alan and Suzanne Griffin Address: 104 North St. Reason: Seeking to amend a previously denied decision(Case# 1779) as Ordered by the Commonwealth of Massachusetts Land Court to allow for the keeping of goats at the premises identified as 104 North Street. Advertise: April 22, 2010 and April 29,2010 Doreen Prouty Chairperson DPljb Gil Ani Kqn � 5ti-Zaone TOWNOFAGAWAM 36 MAIN STREET '�' AGAWAM, MA 01001 DECISION OF BOARD OF APPEALS ATED�a� Petition of: Alan and Suzanne Griffin Premises affected: 104 North Street ------------- Date: May 24, 2010 Case #: 1779 =- The Agawam Zoning Board of Appeals conducted a public hearings and meeting at the Agave Public Library Conference Room, 750 Cooper Street, Agawam, MA for all parties interested ii�> the appeal of Alan& Suzanne Griffin, who are seeking to amend a previously denied decision (Case# 1779) as ordered by the Commonwealth of Massachusetts Land Court to allow for the keeping of goats at the premises identified as 104 North Street. After the public hearing and a thorough review of the facts presented,the Agawam Zoning Board of Appeals made the following findings: l. The subject property, located in two zoning districts,has 120 feet of frontage and a total depth of 365 feet. The first two(200')hundred feet of the subject property fronting North Street is located in a Residential A-2 district. The rest of the subject property is located in an Agricultural district. 2. The petitioners are seeking to be allowed to keep goats on the agricultural section of the subject property as a matter of right, having waived that part of their prior claim of need to keep the goats to treat an alleged colitis condition of Suzanne Griffin. The petitioners will consume the milk obtained from the female goats. 3. The petitioner's original petition was for the keeping two (2)goats which are presently being kept elsewhere in town per Hampden County Housing Court order. However,they currently own 10 goats, 6 adults(one male, five females) and 4 kids. It is unclear just how many goats the Griffins plan on keeping. 4. Section 180-37 (B) of the Town of Agawam's Agricultural Districts Zoning Ordinance allows for"farms, dairies, nurseries, truck gardens, greenhouses and natural ice- harvesting activities and buildings or structures accessory thereto". 5. There is no definition for farms or dairies in the Town of Agawam's Zoning Ordinances. 6. The definitions for farming and agriculture under Massachusetts General Laws, Chapter 128, Section 1 A, state: "farming or agriculture shall include farming in all of its branches.......... including ....... the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, performed by a farmer, who is defined as one engaged in farming as herein defined...." Pagel of 3 DECISION (amended p.2) Alan& Suzanne Griffin Case# 1779 7. Section 180-23 (N) allows: " uses outlined in Section 190-37 B and C, when the line separating a Residence A-2 District from an Agricultural District runs through a property not being used for agricultural purposes so that the future use of the whole property for agricultural purposes would be prohibited," 8. Except for Section 180-8 (K) of the Town of Agawam's Zoning Ordinances,which pertains to the keeping of horses and ponies, there are no guidelines for the keeping of other domesticated animals in an agricultural district. Although the members of this Board agree to the above findings,there is not a unanimous consensus in making a decision. Members Prouty and Maggi agree that although the Petitioners' proposal cannot be referred to as a farm or dairy, as is commonly thought of,the definition of farming and dairies under Massachusetts General Laws, Chapter 128, Section 1A does not specify land requirements or number of animals kept in order to benefit from this definition. Since the Town of Agawam does not have a definition for farms or dairies, which are allowed uses in an agricultural zoning district, we must look to the state definition. Section 180-23 (N)of the Town of Agawam's Zoning Ordinances also presented this board with problems. All agree that this section is confusing and open to interpretation. However, members Prouty and Maggi believe this ordinance, absent clarification or language in another section that otherwise restricts the proposed use, appears not to prevent the petitioner from the keeping of domesticated animals for food purposes. Members Prouty and Maggi individually voted that the petitioners may keep the goats,as long as they are used for food purposes, as a matter of right. A special permit is not needed. These goats must be kept in the agricultural portion of the subject property and all zoning and building requirements must be met. Member Marmo is of the opinion that the keeping of goats at the premises is in violation of Section 180-1 of the Town of Agawam's Zoning Ordinances which states the purpose of the code. Member Marmo feels that the keeping of goats presents a definite "health"hazard to the abutting neighbors. They have complained of foul odors from goat feces which also attracts various insects, especially in the warmer weather. This is an unhealthy environment even beyond the immediate area, Member Marmo is also of the opinion that the keeping of goats is in violation of Section 180-23 (N). To use the agricultural portion of this property, the petitioner and goats would have to cross through the residentially zoned property. This action also violates Section 180-23 (K)which clearly states the keeping of poultry, livestock(goats, etc) for table or"other" purposes (milk)is clearly prohibited in a Residential A-2 zone. Member Marmo voted to deny the petitioner a special permit. Page 2 of 3 DECISION(amended p.3) Alan& Suzanne Griffin Case # 1779 Now, therefore,by a vote of two in favor and one against,the Agawam Zoning Board of Appeals denies the petitioners' request to amend the previously denied decision of March 26, 2007. f Doreen Prouty (,f 3�j a James Marino Richard aggi Page 3 of 3 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 filling out Issuance From. Issuing Authority forms on the North Street(deep utter culvert computer, use I. Site Location: only the tab key to move 2 Reason for Emergency: your cursor- do not use the Culvert pipe is broken_and causing erosion on slopes on private property. ` return key. 3. Applicant to perform work: Agawam DPW 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*: 12-12-12 January 11, 2013 *no later than 30 days from start date or 60 days in the case of an Immediate Response Action approved by DEP to address an oiVhazardous material release. 6. Work to be allowed*: Removal of broken elbow piece of culvert and possibly the larger straight portion of corrugated metal pipe. This is a temporary solution to prevent further washout of a residential driveway. The Town will submit a Notice of Intent with a plan to replace the culvert in the near future. "May not include work beyond that necessary to abate the emergency. B. Signatures Certified to be an Emergency by this Issuing Authority. ►C n Signatures, i December 12, 2012 ~fl Chairman(or d ignee) Date lV ,e•► O A copy of this form must be provided to the appropriate DEP Regional Office. WPA Emergency certWication Page 1 of 2 Rev.0113110 r 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 f. 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 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 reasonable 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 Riprap shall be placed to protect the driveway at 534 North Street. 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 CartiflcsUon page p of p Rev.0113110 r Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 TeL 413-786-0400 Fax 413-786-9927 April 23, 2012 David Cecchi, Chairman Agawam Historical Commission 29 Albert Street Agawam, MA 01001 Dear Mr. Cecchi: Attached please find a Demolition Permit Application for 414 North Street. The property is listed in the Agawam Historical Inventory so therefore receives a Positive Determination under Agawam's Demolition Delay Ordinance. Please schedule your public hearing as soon as possible . and notify this office of the time and date. If you have any questions or desire more information please contact this office at 786-0400, ext. 8738. Sincerely, S Debotah S. Dachos, Director OFFICE OF PLANNING& COMMUNITY DEVELOPMENT DSD:prk , cc: Clerk Building Insp. N c.a Fil T' PLEASE PRINT CLEARLY ' THIS APPLICATION NOT FOR INTERIOR OlIPARTIAL DEMOLITION. }Vo.............. ......................... Zone.................................. Tvne—.--...^----.---. NOT TO FILL IN SPACES ABOVE THIS LINE----- Application for Demolition (To be filled out in ink ozvuutypewriter) Town of Agawam,MA IJo1o.— .............. ' nr Street.�~^~^^~^,~— ^—. ~`.^.^---..—..'-- —. . — --_.. —.. ----_--.- 2. IArchitect's Nor\e...................................................Address................................................... City.............................................State..........Zip.................Tel.............................................. 4. Contractor's Name.................................................Address................................................... Tel .Lie -. Use of building or structure...~`.^�� ` . ^^ 6. Size of building, Square Footage..... --.-Stmries............ ............................ /. ltoMulU-8es. Bldg. - Bowmauy uoits—.—.--------.--.--..----.--'---. ~~- 8. Method of Disposal of Debris....................................................... ....................................... ............. ................ ....................................--'--........ ..................................................... ---------------'--^---------^--'—^'---~--------'---- /\o required by Massachusetts State Building code, Chapter l, Section lll.5, all debris resulting therefrom shall bc disposed 0fina properly licensed solid waste facility. g. Demolition Sign offs -- l��' ^� �� ~c ^� u�� --- u� %= rn ' BAYSTAJ]EGA8 .................. . .......................... ...... —.Ca---.' N.E. \J7IIJTlE3 ......................... .------_— ...�z.,._��_..—.- �� _ l��`I8R.l}EPT. --------. ---_----. —.9�.—.;;r..--- �n% Q- Si- 1-4 - 0 �'A) Y I Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands L11 WPA Form 9A -- Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the A awam February 14, 2012 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Olga Kri akova return key. Name of Violator dp—"-h 1038 North Street Extension, Feeding Hills MA—A Address 1. Location of Violation: same Property Owner(if different) Street Address. City/Town Zip Code D 13 2/8 - Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Cutting of trees and alteration of area within 100' buffer zone. S.0 rn � n B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act(M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: ® the activity has been/is being conducted without a valid Order of Conditions. ❑ the activity has been/is being conducted in violation of the Order of Conditions issued to: Name Dated File Number Condition number(s) wpaform9a.doc•rev.M 4f04 Page h of 3 r Massachusetts Department of Environmental Protection DEP File Hufnaes: Bureau of Resource Protection -Wetlands Lei WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) ❑ Other(specify): C. Order The issuing authority hereby orders the following (check all that apply): ® The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition_ ❑ Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action to prevent further violations of the Act: Contact Conservation Commission immediately to arrange for a site visit to determine whether a Notice of Intent or Request for Determination of Applicability is required. 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.doo•rev.7114104 Page 2 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided byDEP D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Henry A._Kozloski Name 786-0400, ext. 245 Phone Number HoursMays Available Issued by: Agawam _ Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures: �Op n 000 l qL0 Signature of delivery person or certified mail number wpeform9e.doc•rev.7114104 Page 3 of 3 KoV St e1 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 Sergey Kripakov _ return key. Name Name 1038 North Street Ext. VQ Mailing Address Mailing Address Feeding Hills MA 01030 City/rown State Zip Code Citylrown State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: received February 17, 2012 Idle Date Title Date^' Title Date 2. Date Request Filed: Lza February 17, 2012 =9 B. Determination Q Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered yQr` Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Stump removal, grading in backyard for installation of a garden, a future shed, and a fence. Project Location: 1038 North Street Ext. Feeding Hills Street Address Cityfrown D 13 218 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc-rev_12115/00 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands 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. ❑ 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.12/15W Page 2 of 5 LIMassachusetts 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 falls 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. wpaformLdoc•rev.12115100 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on March 9, 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 roperty owner if different from the applicant). ❑Signatures: 101, March 8, 2012 Date wpaform2.doe.rev.12 I SM Page 4 of 5 L1Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 1 WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.I . c. 131, §40 Provided by DEP A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the Agawam _ March 12, 2012 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Joseph Tirone _ return key. Name of Violator 36 Canterbury Lane, Feeding Hills, MA Address 1. Location of Violation: Property Owner(if different) North Street Ext. Street Address Feeding Hills _ _ _01030 Cityfrown Zip Code r. C13 3/1 �= Assessors Map/Plat Number ParceULot Number "7 2. Extent and Type of Activity (if more space is required, please attach a separate she* C'3'"' Trees that were damaged during October 2011 snowstorm have been out and piled and but were not removed from the site. B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act(M.G.L. c. 131, § 40) and its Regulations(310 CMR 10.00), because: ❑ the activity has beenlis being conducted without a valid Order of Conditions. ❑ the activity has been/is being conducted in violation of the Order of Conditions issued to: Name Dated File Number Condition number(s) %paform9a.doc•rev.7114104 Page 1 of 3 r— Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Fife Number: WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) ® Other(specify): Trees are piled within 100' buffer zone and must be removed. 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. ❑ Wetiand 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: Pile of cut trees are to be removed from the site within seven (7) days of receipt of this Enforcement Order. No heavy equipment is to be used in this area. Conservation Commission shall be notified when work is to begin and when it has been completed. 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.doe•rev.7794M4 Page 2 of 3 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals/Signatures (cont.) In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures: 71onC)\ V 4`1 Signature ol delivery person or certified mai number wpeform9aAm-rev.7114104 Page 4 of 4 TOWN OF AGA WAM IL CONSERVATION COMMISSION 36 MAIN ST.,AGAWAM, MA OIOOI 786-0400, 245 April 3, 2012 Joseph Tirone 36 Canterbury Lane Feeding Hills, MA 01030 Dear Mr. Tirone: At its duly called meeting held on March 22, 2012, the Agawam Conservation Commission voted to lift the Enforcement Order issued to you March 12,2012 for tree removal on North Street Ext. Thank you for your attention to this matter. If you have any questions,please contact this office at 786-0400, extension 8737. Sincerely, Henry A. Kozloski, Chairman : AGAWAM CONSERVATION COMMISSION HAK:prk Cc: DEP Town Cl - 2 File 'D 7 S '4p A G A W A M P L A N N I N G B O A AG t AGAWAM,M a F'Ce 36 Main Street A Agawam , Massacnusetts 01001 jj SFp Tel . 413--7e6-0400 Ext . 245 r� PH �� !3 FORM A Application for Endorsement of Plan Believed Not to require Approval FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 31-B Date- September 12, 2011 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 . 1 . NAME OF APPLICANT Gary Brown Address 481 Forth West Street - Feeding Hills, MA 01030 2. NAME OF SURVEYOR D.L. Bean Inc. Address 40 School Street - Westfield, MA 01085 3. DEED OF PROPERTY RECORDED IN Hampden County Hook 3508 - _ Page 291 4 . LOCATION QF PROPERTY: Property located on the west side of North West Street_ approximately across from Coyote Circle. 5. DESCRIBE THE PROPOSAL. IN THIS SUBMISSION: Part of the land of the Estate of Noel E. Brown is to be transferred to Gary E. Brown to be combined with his house lotto form one contiguous parcel. ATTACHMENTS -- TWO ORIGINALS AND THREE COPIES OF PLAN BY CERTIFIED LAND SURVEYOR. THE PLANS WILL BE DISTRIBUTED AS FOLLOWS: 1 ORIGINAL TO THE TOWN OF AGAWAM ENGINEERING DEPARTMENT, ONE ORIGINAL TO BE RECORDED AT REGISTRY OF DEEDS BY THE APPLICANT, ONE COPY FOR THE ASSESSORS OFFICE, ONE COPY FOR THE PLANNING BOARD OFFICE, AND ONE CERTIFIED COPY FOR THE BUILDING DEPARTMENT. / Signature of Owner _� fir/ 1��rJ �b cL1'✓' X,2c_ Address X�- f TO�9< 4/V I)AV Town of Agawam h� 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 October 6, 2011 b > cC-� n D>c-) Gary Brown 3m 481 North West Street x Feeding Hills, MA 01030 , n© w -n . Dear Mr. Brown: m At its duly called meeting held on October 6, 2011, the Agawam Planning Board voted to approve your plans under "Subdivision Control Law Not Required" for a parcel of land located on North West Street. Plans drawn by D.L. Bean, .Inc. and dated 9-08-2011. Sincerely, AGAWAM PLA 1N BOARD Please be advised that failure to record the plan within six (6) months and provide proof of recording will negate the action of the Board. Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawam, MA 011001. To Agawam Planning Board Please be advised that the Form A plan that was filed by Brown and approved by the Agawam Planning Board for a parcel of land located on North West Street has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant Town of Ag' awam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 August 21, 2009 . Youghiogheny Communications d/b/a Pocket Communications 1 Federal Street-Bldg. I l i-1 C_r2 i Springfield, MA 01105 QV To Whom It May Concern: At its duly called meeting held on.August 20, 2009, the Agawam Planning Board approved the Site Plan entitled "SPMA0019A, 591 North West Street;Agawam, MA 0.1030", prepared by Bay State Design and dated 6/29/09, revised 7/23/09 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, �zo Travis P. Ward, Chairman AGAWAM PLANNING BOARD TPW/DSD:prk cc: K. Light Consulting Services, Building Dept., Engineering Dept., Town.Clerk, File Town of Agawa ctw r 36 Main Street Agawam, Massachusetts 01001-1 37 Tel. 413-786-0400 Fax 413-786-9927 s` FORMA C = Application for Endorsement of Plan Not Believed to 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-B Agawam, MA 20 09 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. 1. Name of Applicant FEEDING HILLS CONGREGATIONAL CHURCH Address_ 91 N(1gTij Wgg.TFTFT.n ST-RFFT, FFFDTNG_ LLS,�MA 0103Q-1672_ 2. Name of Surveyor RONALD R. HUOT, FLS Address 335 ,Walnut lSt. Extension, Agawam, MA 01001 3. Deed of Property Recorded in HA14PDEN COUNTY REGISTRY OF DEEDS Book 2194 page 323 4. Location of Property 21-35 North Westfield Street, Feeding Hills, MA 01030 5. Describe the proposal in this submission: Subdivision of land and buildings into two lots, one containing Church, and remaining parcel containing single family residence previously .used as parsonage. ATTACHMENTS - Two originals and three copies of plan by certified land surveyor. Filing Fee - $50.00 plus $20.00 per lot. Signature of Owner Address 21 N.. Westfield street Matthew Grang r� , Moderator Rapd i ng Ri l l g r NA- O1 tlU Chu rcl) Town of Agawam (Al •1, 36 Main Street Agawam, Massachusetts 01001-1$37 Tel. 413-786-0400 Fax 413.-786-9927 CD November 6, 2009 Feeding Hills Congregational Church _ - 21 North Westfield Street Feeding Hills, MA 01030 To Whom It May Concern: At its duly called meeting held on November 5,2009,the Agawam Planning Board voted to approve your plans under "Subdivision Control Law Not Required" fora parcel of land located on North Westfield Street. Plans drawn by Ronald R. Huot and dated Sept., 2009. Sincerely, AG WAM PLANN B A-RD y Please be advised that failure to record the plan within six (6) months and provide proof of recording will negate the action of the Board. Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawam, MA 011001. To Agawam Planning Board Please be advised that the Form A plan that was filed by F.H. Congregational.Church and approved by the Agawam Planning Board for a parcel of land located on N. Westfield St. has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant TOWN OF AGAWAM CONSERVATION COMMISSION 36 MAIN ST.,AGAWAM, MA 01001 786-0400, ext. 245 January 3, 2012 NWST LLC 267 Hillside Road Southwick,- MA 01077 Dear Mr. DePalma: Tree cutting has taken place at 26 North Westfield Street in an area that may be protected under the Massachusetts Wetlands Protection Act. A filing has not been submitted to the Agawam.Conservation Commission. Please be advised that any additional work on this property will require a Request for Determination of Applicability at a minimum. If you have any questioned,please contact this office at 786-0400, extension 245. Sincerely, Henry A. Kozloski, Chairman AGAWAM CONSERVATION COMMISSION HAK:prk C7 Cc: Building Department MAO Town Clerk DEP File Yw-r C,r+ o =� rn Town of Agawam � } 36 Main Street Agawam,Massachusetts 01001-1.837 Tel.. 413-786-0400 Fax 4137786-9927 CD z November 30, 2012 David Cecchi, Chairman L r. . Agawam Historical Commission 29 Albert Street Agawam, MA 01001 Dear Mr. Cecchi: Attached please fmd a Demolition Permit Application for 26-28 North Westfield Street. The property is listed in the Agawam Historical Inventory so therefore receives a Positive Determination under Agawam's Demolition Delay Ordinance. Please schedule your public hearing as soon as possible and notify this office of the time and date. If you have any questions or desire more information please contact this office at 786-0400, ext: 8738. Sincerely, . S Deborah S. Dachos, Director OFFICE OF PLANNING& COMMUNITY DEVELOPMENT DSD:prk cc: Cl� Building Insp. File 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 Paul Troy same return key. Name Name 239 North Westfield Street Q Mailing Address Mailing Address Feeding Hills MA 01030 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: Assessors Parcel Map 5/1/09 Title Date Title . Date Title Date 2. Date Request Filed: 5/1/09 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): construction of 23' x 27' detached garage a Project Location: 73 Cosgrove Avenue Agawam Street Address City/Town J3 2124 Assessors Map/Plat Number Parcel/Lot Number wpaform2.6oc-rev.12/15100 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 -- Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s)its 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 after that area. Therefore, said work requires the fling 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 wpatorm2.doc•rev.12/15100 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 pian(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.12/15/00 Page 3 of 5 \ Massachusetts Department of Environmental Protection ��- Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 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 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 by certified mail, return receipt requested on May 15 , 2009 Date Date This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Appendix A)and the property owner (if different from the appii4) �-][],Sigrnatures: J May 14 , 2009 Date wpaformZ,dac•rev.12(1"0 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 A. General Information Important: When filling out From: forms on the Agawam computer, use Conservation Commission only the tab key to moue To: Applicant Property Owner(if different from applicant): your cursor- do not use the NWST LLC same return key. Name Name 267 Hillside Road VQ Mailing Address Mailing Address Southwick, MA 01077 City/Town State Zip Code City/Town State Zip Code 1. Title and Date(or Revised Date if applicable) of Fina) Plans and Other Documents: Plan for Conservation, Agawam, Massachusetts, for: NWST, LLC, North 8-23-2012 Title Date Westfield Street, Agawam, Massachusetts- plan was revised at 9-13-12 Title Date site visit (flags W8 and W9 moved west 12' and 5' respectively) Title i Date 2. Date Request Filed: August 28, 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 fallowing Determination.. Project Description (if applicable): n/a rV r� Project Location: 26, 32, and 38 North Westfield Street Feeding Hills Street Address City/Town P10 12, 13 & 14 Assessors Map/Plat Number Parcel/Lot Number wpeform2.doc•rev.12/15= Page 1 of 5 f 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, trilling, 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 and 100' buffer ❑ 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.doe•rev.12/15/00 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.G.L. c. 131, §40 B. Determination (cont.) ❑ 8. The following area andfor 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,doo-rev.12715= Page 3 of 5 r 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, §44 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatoryfregulatory 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 Land delivery on ® by certified mail, return receipt requested on September 14, 2012 Date Date This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plants 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). CdSignatures: I C - 1 September 13, 2012 Date wpaformZdac•rev.12115= page 4 cf 5